Louisiana Fifth Circuit weighs in on proper application of prescription and contra non in NORM litigation.

In a case sure to be used as a sword by many defendants in the prevalent NORM (naturally occurring radioactive material) litigation in Louisiana and elsewhere, Patricia Lennie, et al. v. Exxon Mobil Corporation, et al., the Louisiana Fifth Circuit Court of Appeal concluded that plaintiffs’ survival and wrongful death actions were prescribed when plaintiffs brought suit almost four years after the diagnosis of cancer and subsequent death of their husband/father and failed to inquire as to the cause of illness and death.  In doing so, the Fifth Circuit affirmed the judgment of the district court dismissing the survival and wrongful death claims of plaintiffs on an exception of prescription. As in many NORM cases brought in Louisiana and elsewhere, plaintiffs, the surviving wife and children of Julius Lennie, claimed that Mr. Lennie’s work at a pipe yard in Louisiana caused Mr. Lennie’s lung cancer and eventual death.  Mr. Lennie had worked for the pipe…

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