Nelson v. BP Exploration & Production, Inc. et al

Filing 56

ORDER AND REASONS: granting 41 Motion to Exclude; granting 42 Motion for Summary Judgment, as stated herein. Signed by Judge Barry W Ashe on 07/14/2022. (am)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ROBERT NELSON, JR.

CIVIL ACTION

VERSUS

NO. 17-4075

BP EXPLORATION & PRODUCTION
INC., et al.

SECTION M (1)

ORDER & REASONS
Before the Court is a Daubert motion in limine to exclude the general causation opinions
of plaintiff’s medical expert Dr. Jerald Cook filed by defendants BP Exploration & Production
Inc., BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc., Transocean
Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore Deepwater Drilling, Inc.
(collectively, “Defendants”).1 Plaintiff Robert Nelson, Jr. responds in opposition,2 and Defendants
reply in further support of their motion.3
Also before the Court is Defendants’ motion for summary judgment in which they argue
that the case should be dismissed because Nelson cannot prove general causation without Cook’s
opinions.4 Nelson responds in opposition, 5 and Defendants reply in further support of their
motion.6
Defendants’ motions here are nearly identical to those filed by Defendants, and granted by
this Court, in other B3 cases. See Carpenter v. BP Expl. & Prod., Inc., No. 17-3645, R. Doc. 64
(E.D. La. July 14, 2022); Johns v. BP Expl. & Prod. Inc., 2022 WL 1811088 (E.D. La. June 2,

1

R. Doc. 41.
R. Doc. 44.
3
R. Doc. 52.
4
R. Doc. 42.
5
R. Doc. 47.
6
R. Doc. 53.
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2022); Johnson v. BP Expl. & Prod. Inc., 2022 WL 1811090 (E.D. La. June 2, 2022); Macon v.
BP Expl. & Prod. Inc., 2022 WL 1811135 (E.D. La. June 2, 2022); Murray v. BP Expl. & Prod.
Inc., 2022 WL 1811138 (E.D. La. June 2, 2022); Street v. BP Expl. & Prod. Inc., 2022 WL
1811144 (E.D. La. June 2, 2022).
Accordingly, for the reasons stated in the Orders & Reasons issued in those cases,
IT IS ORDERED that Defendants’ Daubert motion to exclude Cook (R. Doc. 41) is
GRANTED.
IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (R. Doc. 42)
is GRANTED, and Nelson’s claims against them are DISMISSED WITH PREJUDICE.
New Orleans, Louisiana, this 14th day of July, 2022.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

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