MARSHALL EX REL. MINOR CHIL. v. AIR LIQUIDE-BIG THREE, INC.

No. 2008-CA-0668.

2 So.3d 541 (2008)

Michelle MARSHALL, individually and on behalf of her MINOR CHILDREN, Aaliyah Jamison, Brandi Marshall, and Jeremy Roberts, Dorothy Jones, Jim Adams, and Tina Andrews individually and on behalf of her Minor Children, et al. v. AIR LIQUIDE-BIG THREE, INC., Air Liquide Corporation, Air Liquide America, L.P., Global Lime Calciner of Louisiana, Inc., Global Lime, LLC, David Bergeron, and E. Roy Baggett.

Court of Appeal of Louisiana, Fourth Circuit.

December 17, 2008.


Attorney(s) appearing for the Case

Eric R. Nowack, Shirin E. Harrell, Harrell & Nowak, LLC, New Orleans, LA, for Michelle Marshall, Tina Andrews, Dorothy Jones and Jim Adams.

Richard M. Simses, Abbott Simses & Kuchler, APLC, Houston, LA, Paul M. Lavelle, Abbott Simses & Kuchler, APLC, New Orleans, LA, for Commerce and Industry Insurance Company and American International Specialty Lines Insurance Company.

William T. McCall, Erik A. Fain, Guillory & McCall, L.L.C., Lake Charles, LA, James F. Martin, Pro Hac Vice, Cohn Baughman & Martin, Chicago, IL, for Ace American Insurance Company, Ace Property & Casualty Insurance Company f/k/a Cigna Property and Casualty Insurance Company, and Pacific Employers Insurance Company.

Mary S. Johnson, Jill T. Losch, Johnson Gray McNamara, LLC, Mandeville, LA, Richard W. Bryan, Paul D. Smolinsky, Jackson & Campbell, P.C., Washington, DC, Erin Fury Parkinson, McGlinchey Stafford, PLLC, New Orleans, LA, for National Union Fire Insurance Company of Pittsburgh, PA and American International Specialty Lines Insurance Company, as the Alleged Insurers of Air Liquide-Big Three, In.

James M. Garner, Debra J. Fischman, Timothy B. Francis, Sher Garner Cahill Richter Klein & Hilbert, L.L.C, New Orleans, LA, for Air Liquide-Big Three, Inc., Air Liquide America Corporation and Air Liquide American, L.P.

(Court composed of Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge ROLAND L. BELSOME).


DAVID S. GORBATY, Judge.

Defendants appeal a judgment wherein the trial court granted plaintiffs' Motion for Class Certification. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY:

Air Liquide America operated a facility at 6600 Old Gentilly Road, in eastern New Orleans. The company manufactured and bottled acetylene from the 1980's until it ceased operations sometime in the 1990's. As part of its operation, Air Liquide stored carbide...

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