Successful Motion for 12(b)(6) Dismissal

Partner Eddy Hayes and Associate Michael Guerry successfully argued for a 12 (b)(6) dismissal on a products liability claim under preemption and other grounds. The plaintiff alleged that L&A’s client’s medical device malfunctioned and that malfunction caused significant injuries.

Eddy and Michael argued on an initial 12(b)(6) motion that the plaintiff’s petition was insufficient as one must plead specific facts under the Louisiana Products Liability Act (LPLA) to support a claim as to the limited (four) avenues to pursue a claim under the LPLA. The court agreed in part initially dismissing 2/4 of the plaintiff’s possible claims and allowing to focused discovery into the remaining claims.

After brief discovery, the plaintiff amended their petition. Eddy & Michael argued in a second 12(b)(6) dismissal motion that this amended complaint was still deficient. The court agreed and dismissed the remaining 2/4 possible claims under the LPLA. These two rulings combined are an effective dismissal of Plaintiff’s entire case against L&A’s client.


Leake & Andersson is an established litigation and general business practice law firm with offices in New Orleans and Lafayette, Louisiana. The firm represents clients throughout Louisiana and Mississippi. The firm also acts as counsel for clients in certain matters throughout the United States, including class action and mass tort cases, securities arbitration proceedings and insurance coverage disputes. The combined experience and abilities of its attorneys as well as their diverse areas of specialization enable the firm to represent a broad range of individual, business, corporate, and insurance clients.


New Orleans, LA
Lafayette, LA