If you’ve been diagnosed with mesothelioma in Louisiana, where you file your case can seriously affect what kind of compensation you might get. This decision, known as forum shopping, means choosing the legal path that gives you the best shot at a strong result.
In asbestos cases, that usually means weighing three options: Louisiana courts, federal multidistrict litigation (MDL), or asbestos trust funds. Each one works differently, and each has pros and cons.
Why Court Choice Matters in Mesothelioma Lawsuits
Mesothelioma cases are different from other injury claims. That’s because asbestos exposure often happens over time, across different job sites or even states. This gives plaintiffs some flexibility.
In Barrosse v. Huntington Ingalls (2023), the Fifth Circuit confirmed that federal law doesn’t block state court claims. So, people in Louisiana can still file in state court, even if they were exposed while working on U.S. Navy ships or similar federal projects.
State Courts vs. Federal MDL: What’s the Difference?
Federal MDLs combine similar cases from different places into one court for pretrial steps. While this can help move things along in theory, it also means your case might lose its local focus. MDLs often have strict rules about discovery and expert witnesses.
Filing in Louisiana, on the other hand, keeps your case in front of a local jury. It may also give your lawyer more flexibility to shape the case and push it forward without getting stuck in a large federal backlog.
How Asbestos Trust Funds Fit In
When asbestos companies went bankrupt, many set up trust funds to pay future claims. These funds still hold billions of dollars. Filing a trust fund claim doesn’t require going to court, and it can be faster, but the payouts are usually lower. For example, the Manville Trust now pays just a fraction of what it used to.
Some people choose to file both a lawsuit and a trust fund claim. That’s allowed, but you have to be strategic. If you don’t time things right, the money from a trust fund could reduce what you’re able to recover in court.
If you or a loved one has mesothelioma, contact Pourciau Law Firm today and let’s talk through the options that fit your case.