Gustave J. Labarre, Jr. v. Occidental Chemical Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET NO. 2022 CW 0189
AL

VERSUS

OCCIDENTAL CHEMICAL COMPANY, APRIL 8, 2022
ET AL

In Re: Texas Brine Company, LLC, applying for supervisory
writs, 23rd Judicial District Court, Parish of

Assumption, No. 33796.

BEFORE: WELCH, THERIOT, AND PENZATOI JJ.

WRIT DENIED.

MRT
AHP

Welch, J., dissents and would grant the writ. The

case management order issued by the district court

applicable to this trial specifies that the trial is

regarding the claims of Texas Brine Company, LLC for

attorney' s fees and costs against certain insurers " as

alleged pre -2012 insurers of Texas Brine". Amounts paid

by Zurich American Insurance Company and American Guarantee
Liability & Insurance Company pursuant to insurance
policies in effect between March 2012 and March 2013 are

not relevant to the claims at issue in the trial scheduled

on April 20, 2022. Accordingly, I would grant the motion

in limine filed by Texas Brine Company, LLC and exclude

evidence of payments by Zurich American Insurance Company
and American Guarantee Liability & Insurance Company to
Texas Brine Company, LLC pursuant to insurance policies in
effect between March 2012 and March 2013.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY ERK OF COURT

FOR THE COURT