Nelson v. BP Exploration & Production, Inc. ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROBERT NELSON, JR. CIVIL ACTION VERSUS NO. 17-4075 BP EXPLORATION & PRODUCTION SECTION M (1) INC., et al. 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. 2 R. Doc. 44. 3 R. Doc. 52. 4 R. Doc. 42. 5 R. Doc. 47. 6 R. Doc. 53. 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