Aucoin v. Exxon Mobil Corporation et al

Filing 141

ORDER and REASONS denying 106 Motion to Dismiss Case as stated within document. Signed by Judge Kurt D. Engelhardt on 3/28/2011. (cab) Modified on 3/28/2011 to edit document type (cab).

Aucoin et al v. Exxon Mobil Corporation et al

Doc. 141

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHERYL AUCOIN, ET AL VERSUS EXXON MOBIL CORP., ET AL ORDER AND REASONS Presently before the Court is "Exxon Mobil Corporation, ExxonMobil Oil Corporation and Humble Incorporated's Motion to Dismiss for Failure to State a Claim on Which Relief Can Be Granted" (Rec. Doc. 106). Relying on Bulot v. Intracoastal Tubular Services, Inc., 888 So. 2d 1017 (La. Ct. App. 4 Cir. 11/3/04), writ denied, 896 So.2d 1005 and 896 So.2d 1011 (La. 3/18/05), Movants ask the Court to dismiss Plaintiffs' claims for punitive damages asserted as part of wrongful death actions authorized by Louisiana Civil Code article 2315.2 . On the showing made, and for essentially the reasons set forth in Plaintiffs' opposition memoranda (Rec. Docs. 112 and 120), IT IS ORDERED that the motion is DENIED. New Orleans, Louisiana, this 28th day of March 2011. CIVIL ACTION NO. 09-3690 SECTION "N" (5)

_________________________________ KURT D. ENGELHARDT United States District Judge

Dockets.Justia.com