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.
