Jerry LeJeune v. Taylor-Seidenbach, Inc., et al.

Summary

The United States District Court for the Eastern District of Louisiana denied Nabors Drilling Technologies USA, Inc.’s motion for summary judgment in an asbestos-liability action. The court held that the defendant had not shown that the dissolution of a predecessor entity, successor-liability principles, or the predecessor’s Chapter 11 bankruptcy and alleged discharge barred the plaintiffs’ claims. The court emphasized the absence of the bankruptcy reorganization plan and confirmation order from the summary-judgment record.

Holdings

1. NDUSA failed to show that Texas's three-year post-dissolution limitation on suits against a dissolved corporation insulated the surviving successor entity from suit.
2. NDUSA failed to carry its summary-judgment burden to establish that it was not a successor corporation or that it did not assume liability for the claims.
3. NDUSA was not entitled to summary judgment on its bankruptcy-discharge defense because it failed to produce the reorganization plan and confirmation order and could not establish that plaintiffs' claims were discharged.

Questions Presented

1. Whether the dissolution of Nabors Loffland Drilling Company barred plaintiffs' claims against NDUSA under Texas Business Organizations Code section 11.356.
2. Whether NDUSA established on summary judgment that it was not a successor corporation liable for claims arising from Loffland Brothers' operations.
3. Whether Loffland Brothers' Chapter 11 bankruptcy and alleged discharge barred plaintiffs' asbestos claims without production and analysis of the reorganization plan and confirmation order.

Disposition

other