ANDERSON v. CITY OF NEW ORLEANS

No. 2016-CA-1013.

222 So.3d 800 (2017)

Thomas ANDERSON, Pamela Davenport, Evelle Thomas, June Harvey, Joseph Wong, individually and on behalf of those similarly situated, All Person Exposed to Chemicals at 2400 Canal Street, v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

June 14, 2017.


Attorney(s) appearing for the Case

Roy F. Amedee, Jr. , LAW OFFICES OF ROY F. AMEDEE, JR., 3723 Canal Street, New Orleans, LA 70119, Jennifer N. Willis , William P. Buckley , WILLIS & BUCKLEY, APC, 3723 Canal Street, New Orleans, LA 70119, COUNSEL FOR PLAINTIFF/APPELLEE.

Gary J. Gambel , MURPHY ROGERS SLOSS & GAMBEL, 701 Poydras Street, Suite 400, New Orleans, LA 70139, Antonio M. Clayton , ATTORNEY AT LAW, 3741 Highway 1 South, Port Allen, LA 70767, COUNSEL FOR PLAINTIFFS/APPELLEES.

John A. Stewart, Jr. , Brodie G. Glenn , BALDWIN HASPEL BURKE & MAYER, LLC, 1100 Poydras Street, Suite 3600, Energy Centre, New Orleans, LA 70163-2200, Robert B. Gilbreath , HAWKINS PARNELL THACKSTON & YOUNG, LLP, 4514 Cole Avenue, Suite 500, Dallas, TX 75205, COUNSEL FOR DEFENDANT/APPELLANT, NID CORP.

Darryl J. Foster , BRADLEY, MURCHISON, KELLY & SHEA, 1100 Poydras Street, Suite 2700, New Orleans, LA 70163, COUNSEL FOR DEFENDANT/APPELLANT, PAN-AMERICAN LIFE.

Kimlin S. Lee , DEPUTY CITY ATTORNEY, Corwin St. Raymond , ASSISTANT CITY ATTORNEY, Cherrell S. Taplin , SENIOR CHIEF DEPUTY CITY ATTORNEY, Rebecca H. Dietz , CITY ATTORNEY CITY OF NEW ORLEANS, 1300 Perdido Street, City Hall — Room 5E03, New Orleans, LA 70112, COUNSEL FOR DEFENDANT/APPELLANT, CITY OF NEW ORLEANS.

(Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins)


This appeal is of a trial court judgment granting a class certification. For the reasons that follow, we vacate the trial court judgment and remand for further proceedings.

BACKGROUND

The City of New Orleans (the "City") is the owner of a building known as the "City Hall Annex" (the "Annex"), located at 2400 Canal Street, in New Orleans, Louisiana.1 In a Petition for Damages filed on May 12, 2000, plaintiffs, individually and...

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