Opinion

Oliver v. Roehm America, LLC

Court
District Court, E.D. Louisiana
Filed
Oct 20, 2022
Cited by
0 cases
Authority
More cited than 22.4%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

CHELSEA OLIVER CIVIL ACTION

VERSUS NO. 21-1831

ROEHM AMERICA, LLC et al. SECTION: “G”(4)

ORDER AND REASONS

This litigation arises from an alleged controversy over Defendant Roehm America, LLC’s

(“Roehm”) termination of Plaintiff Chelsea Oliver (“Oliver”).1 Oliver brings claims against Chubb

Insurance Company of New Jersey (“Chubb”) and Federal Insurance Company (“Federal”)

(collectively, “Insurers”) under Title VII of the Civil Rights Act of 1964 (“Title VII”),2 the

Americans with Disabilities Act (“ADA”),3 the Family and Medical Leave Act of 1993

(“FMLA”),4 the Employee Retirement Income Security Act (“ERISA”),5 and Louisiana law.

Before the Court is Insurers’ Motion to Dismiss.6 In the motion, Insurers argue that Oliver’s

Second Amended Complaint7 fails to state a claim against them and so all of the claims against

1 See Rec. Doc. 48.

2 42 U.S.C. § 2000e et seq.

3 § 12101 et seq.

4 29 U.S.C. § 2601 et seq.

5 § 1001 et seq.

6 Rec. Doc. 66.

7 Rec. Doc. 48.

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Insurers should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6).8 Chubb also

joins Roehm’s motion to dismiss9 as its insured and argues that, “[t]o the extent that motion is

granted, the claim pursuant to the Louisiana Direct Action Statute10 against Chubb should also be

dismissed.”11 Oliver opposes the motion.12 Insurers reply in further support of the motion.13

Having considered the motion, the memoranda in support and in opposition, the record, and the

applicable law, the Court grants the motion in part and denies it in part. Specifically, the Court

dismisses all claims against Federal without prejudice. The Court also dismisses with prejudice all

claims against Chubb that have been dismissed against Roehm.14

I. Background

On October 5, 2021, Oliver filed a Complaint in this Court against Roehm, Yolanda Brown

(“Brown”), and Andrew Stillufsen (“Stillufsen”).15 On December 12, 2021, Oliver filed a First

Amended Complaint.16 On March 29, 2022, Oliver filed the instant Second Amended Complaint

naming Roehm, Brown, Stillufsen, and Insurers as defendants (collectively, “Defendants”).17 In

the Second Amended Complaint, Oliver alleges that Chubb is a wholly owned subsidiary of

8 Rec. Doc. 66.

9 Rec. Doc. 50.

10 La. Rev. Stat. § 22:1269.

11 Rec. Doc. 66 at 2.

12 Rec. Doc. 68.

13 Rec. Doc. 71.

14 See Rec. Doc. 77.

15 Rec. Doc. 1.

16 Rec. Doc. 17.

17 Rec. Doc. 48.

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Federal that provides employment practices liability insurance to Roehm.18 Oliver contends that

she was hired by Evonik Cyro, LLC (“Evonik”) in March 2017 to work at a methacrylate

production facility located at 10800 River Road, Westwego, Louisiana (the “Facility”) as an

administrative assistant and was one of only four female employees at the Facility.19 Oliver avers

that Roehm became the owner of the Facility in September 2019.20 Oliver contends that, when she

was hired, she was told “that [Evonik] had a tuition reimbursement policy;” however, upon

beginning her employment, she was told that the policy only applied to management and, despite

earning merit raises and bonuses, she was not granted tuition reimbursement nor promoted through

June 2019.21 In July 2019, Oliver alleges that she submitted another request for reimbursement

and was told “that she was in fact eligible for tuition reimbursement.”22 Thus, “she submitted the

necessary paperwork, and yet, never received any reimbursement.”23

Oliver alleges that, after Roehm took over the Facility, new managers were hired and new

policies were initiated, but the tuition reimbursement policy stayed the same; yet, the interim Plant

Manager, Drew Scott (“Scott”), never granted her tuition reimbursement despite telling her she

was eligible and that other male employees were receiving reimbursement.24 Oliver avers that,

although Scott ignored her requests for a raise, promotion, and tuition reimbursement through

18 Id. at 3.

19 Id. at 3, 5.

20 Id. at 3.

21 Id. at 5–6.

22 Id. at 6.

23 Id. Oliver alleges that she paid $17,063.56 in tuition during this time that should have been reimbursed. Id.

at 7.

24 Id.

3

January 2020, Scott encouraged male employees to take classes, offered them tuition

reimbursement, waived educational requirements for promotion for one employee who declined

to take classes, and gave a “spot bonus” to another who took classes but declined the

reimbursement terms.25

Oliver contends that, in February 2020, Roehm hired Brown as a human resources manager

and site manager of the Facility.26 Oliver alleges that, in March 2020, Oliver requested and

received approval for FMLA leave from March 3, 2020, until March 15, 2020, “for a knee surgery

her physician suggested she undergo” due to chronic pain ( “First FMLA Leave”).27 Oliver avers

that, after her First FMLA Leave, she worked from home based on Scott’s instructions due to

COVID-19 and her doctor’s recommendation; however, she was removed from remotely-held

meetings she had previously attended and was barred from working overtime despite previously

working hundreds of overtime hours per year.28

Oliver alleges that, in August 2020, her doctor determined the knee surgery had failed and

she required a second surgery. Therefore, she was granted FMLA leave from August 18, 2020,

until August 30, 2020,29 which was extended until October 30, 2020 (“Second FMLA Leave”).30

Oliver contends that, “[i]mmediately after she left for [her Second FMLA Leave], [] Brown started

25 Id. at 7–8. Oliver alleges that, meanwhile “in 2020, a female contractor left because she felt she was

subjected to a hostile work environment based on her gender.” Id. at 7.

26 Id. at 8.

27 Id. at 9.

28 Id. at 9–10.

29 Id. at 11.

30 Id. Oliver alleges that she utilized Roehm’s group health benefits program and disability benefits during

both her First FMLA Leave and Second FMLA Leave. Id. at 9, 11.

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building up a case to terminate [her]” by “investigating her hours and timesheets.”31 Oliver avers

that, on August 30, 2020, she submitted comments as part of her performance review requesting a

promotion, never heard back from her supervisor, and was terminated on October 6, 2020, during

a call from Brown, Stillufsen, as Roehm’s General Counsel, and Roehm’s Corporate Vice

President of Human Resources.32 During the phone call, Oliver alleges that Brown told her she

should be at work based on Facebook photos Oliver had posted playing with her child and accused

her of falsifying her FMLA leave, disability pay, and overtime requests.33 Oliver contends that,

from January 2020 to March 2020, she alerted Roehm that numerous male employees falsified

their hours but these employees “were never disciplined.”34 Furthermore, Oliver asserts that a male

employee on extended leave due to a shoulder and back injury “posted numerous photos on

Facebook . . . [of him] enjoying time with his family, including traveling and carrying his

grandchildren,” but “was not terminated, investigated or disciplined in anyway.”35

Oliver alleges that, after her termination, Stillufsen responded to her letter alleging Roehm

had violated her legal rights by threatening to sue her for over $71,000 in approved overtime and

31 Id. at 12.

3232 Id. at 12–13. Oliver alleges that, after she began her Second FMLA Leave, but prior to her termination,

unbeknownst to her, her supervisor “posted several job positions for which [she] was qualified” and Brown informed

Roehm’s staff not to communicate with her during her leave. Id. at 12. Oliver alleges that, after she was terminated,

Roehm hired a man to one of the new positions who had never taken FMLA leave. Id.

33 Id. at 14. Oliver alleges that Brown and Stillufsen refused her request to “look at her notes” when they

asked her about specific hours she worked on days in December 2019 and April 2020, threatened to make her repay

wages to Roehm, and sent her a letter “claiming that even after her termination ‘there is still an ongoing investigation’

into her.” Id.

34 Id. at 15.

35 Id.

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short-term disability pay.36 Oliver contends that, on June 28, 2021, she filed with the Equal

Employment Opportunity Commission (“EEOC”) a charge of discrimination against Roehm

“alleging disability and gender discrimination, and retaliation” (the “EEOC Charge”).37 Oliver

alleges that she was issued a notice of right to sue by the EEOC on December 21, 2021.38 Oliver

avers that she was replaced at Roehm by “a man who had not engaged in protected activity under

federal or state law and did not have any disabilities.”39 Finally, Oliver asserts that Chubb and

Federal “provided a contract of insurance to Roehm that is applicable to the claims asserted” in

the Second Amended Complaint.40

In the Second Amended Complaint, Oliver brings eleven claims against Insurers: (1)

interference with and retaliation for Oliver’s exercise of her FMLA rights (“FMLA Claim”);41 (2)

disability discrimination and failure to accommodate Oliver’s disability in violation of the ADA

(“ADA Discrimination Claim”);42 (3) retaliation for Oliver’s request for disability accommodation

in violation of the ADA (“ADA Retaliation Claim”);43 (4) disability discrimination and failure to

accommodate Oliver’s disability in violation of the Louisiana Employment Discrimination Law

36 Id. at 16.

37 Id. Oliver alleges that, in his response submitted to the EEOC, Stillufsen stated that Oliver’s performance

was below expectations, even though “her supervisors never provided this feedback during her employment” and

threatened to sue her for $25,901 in overtime pay if she pursued her claims. Id. at 16–17.

38 Id. at 4.

39 Id. at 17.

40 Id.

41 See id. at 17–19.

42 Id. at 19–21.

43 Id. at 21–22.

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(“LEDL”) (“LEDL Disability Discrimination Claim”);44 (5) gender discrimination in violation of

Title VII (“Title VII Claim”);45 (6) gender discrimination in violation of the LEDL (“LEDL

Gender Discrimination Claim”);46 (7) retaliation for opposing an unlawful practice under the

LEDL in violation of the Louisiana Human Rights Act (“LHRA”) (“LHRA Retaliation

Claim”);47(8) retaliation for Oliver’s use of an employee group health insurance and short-term

disability policy in violation of ERISA (“ERISA Claim”);48 (9) use of unfair and deceptive trade

practices by promising Oliver protected time off and then firing her “for receiving treatment for

[her] knee injury before that time expired in violation of the Louisiana Unfair Trade Practice Act

(“LUTPA”) (“LUTPA Claim”);49 (10) intentional infliction of emotional distress for terminating

Oliver after promising her protective leave to recover from her knee surgery and then repeatedly

threatening to sue in violation of Louisiana law (“IIED Claim”) (collectively, “Employment

Claims”);50 and (11) provision of a contract of insurance to Roehm under which Insurers are liable

for Roehm’s actions against Oliver pursuant to Louisiana Revised Statute § 22:1269 (“Direct

Action Statute”) (“Insurance Claim”).51

44 See La. Rev. Stat. § 23:301 et seq.; Rec. Doc. 48 at 22–24.

45 Rec. Doc. 48 at 25–26.

46 Id. at 26–27.

47 See La. Rev. Stat. § 23:661 et seq.; Rec. Doc. 48 at 28–29.

48 Rec. Doc. 48 at 29–30.

49 See La. Rev. Stat. § 51:1401 et seq.; Rec. Doc. 48 at 31–32.

50 Rec. Doc. 48 at 32–33.

51 Id. at 33–34.

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On June 21, 2022, Insurers filed the instant “Motion to Dismiss.”52 On July 5, 2022, Oliver

filed an opposition to the motion.53 On July 15, 2022, Insurers filed a reply in further support of

the motion.54

II. Parties’ Arguments

A. Insurers’ Arguments in Support of the Motion

Insurers argue that the Court should dismiss all claims pending against them.55 In support

of the motion, Insurers advance three arguments. First, Insurers argue that all claims against

Federal should be dismissed “because Federal is not specifically alleged to be the insurer of

Roehm, Brown, Stillufsen, or any other defendant or third-party tortfeasor.”56 Insurers aver that

Oliver “only vaguely alleges that Federal ‘provid[ed] a policy of insurance coverage on behalf of

[Roehm];’” however, Insurers assert that Oliver only alleges one contract of insurance and that

policy was issued by Chubb, not Federal.57 Therefore, Insurers conclude that, because a claim

under the Direct Action Statute can only be brought “against the insurer” of the alleged tortfeasor,

and Federal is not an insurer of an alleged tortfeasor in this action, the claims against Federal

should be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6).58

52 Rec. Doc. 66.

53 Rec. Doc. 68.

54 Rec. Doc. 71.

55 See Rec. Doc. 66.

56 Rec. Doc. 66-1 at 8.

57 Id. at 8–9.

58 Id. at 9.

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Second, Insurers argue that all Employment Claims should be dismissed for failure to state

a claim pursuant to Federal Rule of Civil Procedure Rule 12(b)(6) because Insurers were not

Oliver’s employers and “played no part in the allegedly unlawful termination and retaliation

[Oliver] faced while employed at Roehm.”59 Specifically, Insurers argue that Oliver’s FMLA

Claim, ADA Discrimination Claim, ADA Retaliation Claim, Title VII Claim, LEDL Disability

Discrimination Claim, LEDL Gender Discrimination Claim, and LHRA Retaliation Claim should

be dismissed because such claims can only be brought against an employer and Insurers were never

Oliver’s employers.60 Insurers further argue that the ERISA Claim should be dismissed because

“[Oliver] does not allege nor can she allege that [Insurers] were in any position to punish her for

exercising any right under a plan covered by ERISA . . ., nor does [Oliver] allege that [Insurers]

had any control over or involvement in such a plan to begin with.”61 Finally, Insurers aver that the

LUTPA Claim and the IIED Claim should be dismissed because they “are based on allegedly

unlawful employment-related conduct which [Oliver] does not and cannot allege that [Insurers]

are responsible for” given that they “were [never] in any employment relationship with [Oliver].”62

Therefore, Insurers conclude that the Employment Claims against them should be dismissed for

failure to state a claim.63

59 Id. at 4–5.

60 Id. at 5. Insurers further argue that Oliver specifically states that it is Roehm who engaged in the alleged

unlawful conduct, not Insurers. Id. at 6.

61 Id. at 6.

62 Id. at 7. Therefore, Insurers assert that they could not have terminated Oliver for taking approved time off,

in violation of LUTPA, nor inflicted emotional distress by terminating and then threatening to sue her. Id.

63 Id. at 5.

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Third, Insurers also argue that the Insurance Claim should be dismissed “because Plaintiff

has failed to state any claim against Roehm, the recipient of Chubb’s insurance policy.64 Therefore,

“Chubb joins Roehm’s [motion to dismiss]65 and likewise urges this Court to dismiss all claims

against Roehm for the reasons stated therein.”66 Insurers argue that, assuming Roehm’s motion is

granted, the Insurance Claim is purely derivative and “consequently [Oliver] will have no

derivative direct action claim against Chubb.”67 For these reasons, Insurers argue that this Court

should dismiss all claims against them.68

B. Oliver’s Arguments in Opposition to the Motion

In opposition, Oliver agrees that Federal should be dismissed so long as it “is not

responsible for providing employment practices liability to [Roehm, Brown, or Stillufsen].”69

Nevertheless, Oliver contends that Chubb is a subsidiary of Federal and, because Insurers “are the

ones with knowledge of their contracts and corporate structure,” Insurers should “bare their own

fees and costs and such dismissal [should] be without prejudice to [Oliver]’s ability to re-name

[Federal] should she learn in discovery that there is a basis for liability.”70

However, Oliver argues that the Employment Claims against Chubb should not be

dismissed “because the Direct Action Statute allows such claims to be brought directly against an

64 Id.

65 Rec. Doc. 50.

66 Rec. Doc. 66-1 at 9.

67 Id. at 9–10.

68 Id. at 10.

69 Rec. Doc. 68 at 5.

70 Id.

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insurer.”71 Oliver avers that Insurers even acknowledge in their motion that Chubb’s liability is

based on Roehm’s liability.72 Even though Oliver acknowledges that “there would be no derivative

liability against [Chubb] for any claims where no primary liability is found,” Oliver disagrees that

the claims against Roehm should be dismissed and incorporates by reference Oliver’s opposition

to Roehm’s motion to dismiss.73

C. Insurers’ Arguments in Further Support of the Motion

Insurers reply in further support of the Motion and make three arguments.74 First, Insurers

argue that the Employment Claims should be dismissed because Oliver “cites to no authority which

support the proposition that the Direct Action Statute allows for federal and state employment-

related causes of action to be brought directly against insurers.”75 Rather, Insurers assert that the

statute “instead contains its own private right of action provision” whereby “injured persons ‘shall

have a right of direct action against the insurer,’” and Oliver asserts that right of direct action

through the Insurance Claim.76 Therefore, Insurers conclude that the Employment Claims should

be dismissed because the Direct Action Statute “does not translate to direct liability under any

other law.”77

71 Id. at 4.

72 Id.

73 Rec. Doc. 58; Rec. Doc. 68 at 5–6.

74 See Rec. Doc. 71.

75 Id. at 1–2.

76 Id. at 2 (quoting La. Rev. Stat. § 22:1269(B)(1)).

77 Id.

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Second, Insurers reassert that the Insurance Claim against Federal should be dismissed

because Federal “does not provide any. . . relevant insurance coverage.”78 Third, Insurers reassert

that the Insurance Claim against Chubb should be dismissed if Roehm’s motion to dismiss is

granted, given that Oliver agrees that there would be no derivative liability in that scenario.79 Thus,

Insurers argue that Oliver’s claims against them should be dismissed.80

III. Legal Standard

Federal Rule of Civil Procedure 12(b)(6) provides that an action may be dismissed for

“failure to state a claim upon which relief can be granted.”81 A motion to dismiss for failure to

state a claim is “viewed with disfavor and is rarely granted.”82 “To survive a motion to dismiss, a

complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is

plausible on its face.’”83 “Factual allegations must be enough to raise a right to relief above the

speculative level.”84 A claim is facially plausible when the plaintiff has pleaded facts that allow

the court to “draw the reasonable inference that the defendant is liable for the misconduct

alleged.”85

78 Id. at 3.

79 Id.

80 Id.

81 Fed. R. Civ. P. 12(b)(6).

82 Kaiser Aluminum & Chem. Sales, Inc. v. Avondale Shipyards, Inc., 677 F.2d 1045, 1050 (5th Cir. 1982).

83 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

84 Twombly, 550 U.S. at 555.

85 Iqbal, 556 U.S. at 663 (citing Twombly, 550 U.S. at 556).

12

On a motion to dismiss, asserted claims are liberally construed in favor of the claimant,

and all facts pleaded are taken as true.86 However, although required to accept all “well-pleaded

facts” as true, a court is not required to accept legal conclusions as true.87 “While legal conclusions

can provide the framework of a complaint, they must be supported by factual allegations.”88

Similarly, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

statements” will not suffice.89 The complaint need not contain detailed factual allegations, but it

must offer more than mere labels, legal conclusions, or formulaic recitations of the elements of a

cause of action.90 That is, the complaint must offer more than an “unadorned, the-defendant-

unlawfully-harmed-me accusation.”91 From the face of the complaint, there must be enough

factual matter to raise a reasonable expectation that discovery will reveal evidence as to each

element of the asserted claims.92 If factual allegations are insufficient to raise a right to relief above

the speculative level, or if it is apparent from the face of the complaint that there is an “insuperable”

bar to relief, the claim must be dismissed.93

86 Leatherman v. Tarrant Cnty. Narcotics Intel. & Coordination Unit, 507 U.S. 163, 164 (1993); see also

Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322–23 (2007).

87 Iqbal, 556 U.S. at 678–79.

88 Id. at 679.

89 Id. at 678.

90 Id.

91 Id.

92 Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 257 (5th Cir. 2009).

93 Carbe v. Lappin, 492 F.3d 325, 328 n.9 (5th Cir. 2007); Moore v. Metro. Hum. Serv. Dist., No. 09-6470,

2010 WL 1462224, at * 2 (E.D. La. Apr. 8, 2010) (Vance, J.) (citing Jones v. Bock, 549 U.S. 199, 215 (2007)).

13

IV. Analysis

Insurers move the Court to dismiss Oliver’s claims against them pursuant to Federal Rule

of Civil Procedure 12(b)(6).94 Insurers argue: (1) the claims against Federal should be dismissed

because Federal did not provide an insurance policy to Roehm; and (2) the claims against Chubb

should be dismissed because the Direct Action Statute does not allow a plaintiff to bring

substantive claims against an insurer and because Oliver fails to state a claim against Roehm.95 In

opposition, Oliver argues: (1) although it agrees that the claims against Federal can be dismissed,

such dismissal should be without prejudice; and (2) the claims against Chubb should not be

dismissed because the Direct Action Statute allows her to bring claims directly against Roehm’s

insurer.96

As an initial matter, the Court considers Federal’s dismissal. The parties agree that the

dismissal of Federal is appropriate if Federal does not insure Roehm, Brown, Stillufsen, or any

other defendant or third-party tortfeasor.97 Insurers represent that “Federal has issued no policy

relevant to this case” and that the only “policy under which [Oliver] claims her injuries are

covered” was issued by Chubb.98 Based on this representation, Oliver agrees that the claims against

Federal should be dismissed but that, because Chubb is a subsidiary of Federal, and because

Insurers “are the ones with knowledge of their contracts and corporate structure,” Insurers should

94 Rec. Doc. 66.

95 See Rec. Docs. 66-1, 71.

96 Rec. Doc. 68.

97 Rec. Doc. 66-1 at 8; Rec. Doc. 68 at 5.

98 Rec. Doc. 66-1 at 8.

14

“bare their own fees and costs and such dismissal [should] be without prejudice to [Oliver]’s ability

to re-name [Federal] should she learn in discovery that there is a basis for liability.”99

Federal Rule of Civil Procedure 41(a)(2) states, in pertinent part, that “an action may be

dismissed at the plaintiff’s request only by court order, on terms that the court considers proper

. . . Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.”

The Court construes Oliver’s statements regarding her claims against Federal in her opposition to

the instant motion as a request for Federal’s voluntary dismissal. Given the early stage of this

litigation and given that Oliver’s request is based on the Insurer’s representations in the instant

motion, the Court considers it proper to grant Oliver’s request to dismiss Federal without prejudice.

The Court next turns to the issue of whether the claims against Chubb should be dismissed.

Insurers argue that the Employment Claims against Chubb should be dismissed because the Direct

Action Statute provides a separate cause of action for a plaintiff to bring claims against a

tortfeasor’s insurer. Oliver argues that the Employment Claims against Chubb should not be

dismissed because the Direct Action Statute allows her to bring those claims directly against

Roehm’s insurer. Louisiana Revised Statute § 22:1269(B)(1), known as the Direct Action Statute,

“affords a victim the right to sue the insurer directly when the liability policy covers a certain

risk.”100 The statute pertinently provides: “The injured person . . . shall have a right of direct action

against the insurer within the terms and limits of the policy; and, such action may be brought

against the insurer.”101

99 Rec. Doc. 68 at 5.

100 Soileau v. Smith True Value & Rental, 2012-1711 (La. 8/30/2013); 144 So. 3d 771, 780; see also La. Rev.

Stat. § 22:1269.

101 La. Rev. Stat. § 22:1269(B)(1).

15

The Louisiana Supreme Court has explained that “[t]he Direct Action Statute affords a

victim the right to sue the insurer directly when the liability policy covers a certain risk.”102

However, the Direct Action Statute does not “extend the protection of the liability policy to risks

that were not covered by the policy.”103 Oliver concedes that she may only sue Chubb within the

terms and limits of the employment practices liability insurance policy because she agrees with

Insurers that Chubb is only liable as an insurer, and not as Oliver’s employer.104 Oliver also agrees

that her claims against Chubb are derivative of her claims against Roehm.105 Thus, there is no

actual dispute regarding the extent of Chubb’s potential liability in this matter. Therefore, given

that the Court already found in its prior Order and Reasons that Oliver states claims against Roehm

under the FMLA, ADA, LEDL, LHRA, and Title VII,106 Oliver also states these claims against

Chubb within the terms and limits of the employment practices liability insurance policy.

V. Conclusion

Oliver’s claims against Federal are voluntarily dismissed without prejudice because Chubb

represents that Federal did not provide any insurance policy relevant to this matter. However,

Oliver’s derivative claims against Chubb, as Roehm’s insurer, are dismissed only to the extent that

Oliver’s claims against Roehm are dismissed and to the extent that Oliver’s claims against Chubb

are outside the terms and limits of Roehm’s employment practices liability insurance policy.

Accordingly,

102 Soileau, 144 So. 3d at 780.

103 Id.

104 See La. Rev. Stat. § 22:1269(B)(1); Rec. Doc. 68 at 4.

105 Id. at 5–6.

106 See Rec. Doc. 77 at 62–63.

16

IT IS HEREBY ORDERED that Insurers’ Motion to Dismiss!’ is GRANTED IN

PART and DENIED IN PART. The motion is GRANTED to the extent that it seeks dismissal

of Oliver’s claims against Chubb that are dismissed against Roehm! and to the extent that

Oliver’s claims against Chubb are outside the terms and limits of the employment practices

liability insurance policy that Chubb provided to Roehm. The motion is DENIED in all other

respects.

IT IS FURTHER ORDERED that all claims against Defendant Federal Insurance Co.

are DISMISSED WITHOUT PREJUDICE.

NEW ORLEANS, LOUISIANA, this20thday of October, 2022.

NANNETTE JOLIVETTE BROWN

CHIEF JUDGE

UNITED STATES DISTRICT COURT

107 Rec. Doc. 66.

108 See Rec. Doc. 77.

17

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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