LEBLANC v. TEXAS BRINE COMPANY, LLC

No. 20-30208.

989 F.3d 359 (2021)

Lisa T. LEBLANC, Plaintiff, v. TEXAS BRINE COMPANY, L.L.C., Defendant, Dianne Sanchez; Michael Stewart; Casey Gilliot; Gertrude Sanchez; Justin Frey, et al., Plaintiffs—Appellees, v. Texas Brine Company, L.L.C., Defendant-Appellant, American Guarantee & Liability Insurance Company; Insurance Company of the State of Pennsylvania; Lexington Insurance Company; Steadfast Insurance Company; Zurich American Insurance Company; AIG Specialty Insurance Company, formerly known as American International Surplus Lines Insurance Company, formerly known as American International Specialty Lines Insurance Company; National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Defendants—Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 1, 2021.


Attorney(s) appearing for the Case

David Blayne Honeycutt, Esq. , Calvin Clifford Fayard, Jr., Esq. , Senior Trial Attorney, Fayard & Honeycutt, A.P.C., Denham Springs, LA, Lawrence Joseph Centola, III, Esq. , Martzell, Bickford & Centola, A.P.C., Richard Gerard Perque , New Orleans, LA, for Plaintiffs-Appellees.

James M. Garner, Esq. , Christopher T. Chocheles , David Adam Freedman , Peter L. Hilbert, Jr., Esq. , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA, for Defendant-Appellant Texas Brine Company, L.L.C.

Glen Mercer , Salley, Hite, Mercer & Resor, L.L.C., New Orleans, LA, for Defendants-Appellees American Guarantee & Liability Insurance Company, Steadfast Insurance Company, Zurich American Insurance Company.

Mary S. Johnson, Esq. , Ingrid Kemp Laurendine , Johnson Gray McNamara, L.L.C., Mandeville, LA, Nichole Mart Gray , Chadwick James Mollere , Johnson Gray McNamara, L.L.C., New Orleans, LA, for Defendants-Appellees Insurance Company of the State of Pennsylvania, Lexington Insurance Company, AIG Specialty Insurance Company, formerly known as American International Surplus Lines Insurance Company, formerly known as American International Specialty Lines Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania.

Before Barksdale, Southwick, and Graves, Circuit Judges.


This diversity action concerns a sinkhole that emerged near the decades-long salt-mining activities of one of the defendants. Affected landowners sued. The appeal before us now involves a settlement by which the plaintiffs would release those insurers of that defendant whose policies covered the period before...

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