Asbestos Cases A–Z: A

164 decisions whose name begins with A.

• Aaron v. Bancroft Bag, Inc. (U.S. District Court, Eastern District of Louisiana, 2021). The district court granted plaintiff Steven Aaron's motion to remand and sent the case back to Orleans Parish Civil District Court, because removing defendant Ford Motor Company did not prove an enforceable settlement with non-diverse defendant MSBI.
• Aarstad v. BNSF Railway Company (U.S. District Court, District of Montana, 2018). The district court adopted the magistrate judge's findings in full, held that CAFA's local controversy exception applied, and granted the plaintiffs' motion to remand to Montana state court, defeating BNSF and Swing's removal.
• Abadie v. Asbestos Corp. Ltd. (Louisiana Court of Appeals, 5th Circuit, 2014). The appeal by Avondale (Huntington Ingalls) from summary judgment for third-party defendant Executone was dismissed on the parties' joint motion, because they had resolved their differences.
• Abadie v. Metropolitan Life Ins. Co. (Louisiana Court of Appeals, 5th Circuit, 2001). The appeals court affirmed in part and reversed in part the judgment for Earlven Gauthe: it reversed liability findings against four Avondale executive officers and reinstated four settling manufacturers in the share calculation, while upholding liability of Westinghouse (CBS), ACL, O'Donnell and Territo, and on rehearing set the judgment against those four at $541,189.40.
• Abadie v. Metropolitan Life Ins. Co. (Louisiana Court of Appeals, 5th Circuit, 2001). The appeals court set aside the wrongful death awards, reversed liability for executive officers Chantrey and Kelmell, reinstated three manufacturers (Babcock & Wilcox, Rapid American, Rock Wool) in the fault-share calculation, and otherwise affirmed, entering judgment of $377,332.86 for the Clark plaintiffs against officers Territo and O'Donnell.
• Abadie v. Metropolitan Life Ins. Co. (Louisiana Court of Appeals, 5th Circuit, 2001). The appeals court reversed the trial judge's JNOVs that had raised the seven plaintiffs' damage awards and reinstated the jury's awards, affirmed liability of Asbestos Corporation Limited and four Avondale safety officers (O'Donnell, Kennedy, Chantrey, Territo; not Chantrey as to Badeaux), reversed liability of two other officers (Kelmell, Roberts), and recalculated each judgment by virile shares, including the Johns-Manville trust and four of the settling manufacturers.
• Abbay v. Aurora Pump Company (Washington Court of Appeals, 1st Division, 2011). The Court of Appeals reversed the trial court's summary judgment dismissing George and Lynne Abbay's asbestos suit against the manufacturer and supplier respondents, and remanded, holding the disclaimer ambiguous and clarified in Abbay's favor.
• Abbott v. the Boeing Company (U.S. District Court, Western District of Pennsylvania, 2015). The court granted the Abbotts' motion to remand, finding no federal subject-matter jurisdiction over their asbestos claims, and sent the case back to the Allegheny County Court of Common Pleas over US Airways' objection.
• Able Supply Co. v. Moye (Texas Supreme Court, 1995). The Texas Supreme Court conditionally granted mandamus for the defendants, ordering the trial court to vacate its denial of their motion to compel and to require plaintiffs to supplement their answers to interrogatory 30 within sixty days.
• Abrams v. Pneumo Abex Corp. (Pennsylvania Superior Court, 2007). The en banc Superior Court affirmed summary judgment for John Crane, Inc. against the executrices of Kenneth Abrams and John Shaw, holding the lung cancer claims time-barred.
• Abrams v. Pneumo Abex Corporation (Pennsylvania Supreme Court, Eastern District, 2009). The Pennsylvania Supreme Court reversed the Superior Court's en banc order affirming summary judgment for John Crane, Inc., and remanded, so the widows of Kenneth Abrams and John Shaw may proceed against Crane.
• Abrams v. Pneumo Abex Corporation (Pennsylvania Superior Court, 2006). The Superior Court reversed the orders granting summary judgment to John Crane, Inc. on statute of limitations grounds, ruling for the Abrams and Shaw estates, and remanded the cases.
• Abutahoun v. Dow Chemical Company (Texas Supreme Court, 2015). The Texas Supreme Court affirmed the court of appeals' judgment reversing the $2.64 million trial judgment and rendering a take-nothing judgment for Dow Chemical against the Henderson family.
• ACandS Inc. v. Asner (Maryland Court of Appeals, 1996). The Court of Appeals reversed the Court of Special Appeals, vacated the Baltimore City judgments for the plaintiffs against ACandS and Porter Hayden, and remanded for a new trial on liability for compensatory damages only, holding the punitive damages evidence insufficient.
• ACandS v. Abate (Maryland Court of Special Appeals, 1998). The Court of Special Appeals reversed the judgments for the trial plaintiffs against U.S. Mineral, against Stebbing, and for Goodman and Morrow against Hampshire for insufficient evidence. It vacated the Theis and Glensky judgments against Hampshire for an instruction error, ordered Ciotta's award cut to the $350,000 cap, ordered reformed starting dates on two verdict sheets, and otherwise affirmed for the plaintiffs against Rapid-American and Crane.
• ACandS, Inc. v. Aetna Cas. & Sur. Co. (U.S. Court of Appeals, Third Circuit, 1981). The Third Circuit reversed the district court's dismissal of ACandS's declaratory and damages claims against Aetna and Travelers (and Travelers' cross-claim) as non-justiciable, and remanded for further proceedings.
• ACandS, Inc. v. Aetna Cas. and Sur. Co. (U.S. Court of Appeals, Third Circuit, 1985). The Third Circuit affirmed summary judgment for ACandS that exposure, exposure-in-residence and manifestation each trigger coverage and that losses are not prorated, reversed the rulings on the duty and right to defend in favor of Aetna and Travelers, and vacated the 'other insurance' ruling.
• ACandS, Inc. v. Asner (Maryland Court of Special Appeals, 1995). The Court of Special Appeals affirmed the Baltimore City jury judgments for the Asner, Wilson and Payne plaintiffs against insulation contractors ACandS and Porter Hayden, including the punitive damages and the consortium and solatium awards.
• ACandS, Inc. v. Godwin (Maryland Court of Appeals, 1995). The Maryland Court of Appeals affirmed the compensatory judgments for McNiel, Russell and Leaf against Pittsburgh Corning, ACandS and Porter Hayden, except it reversed McNiel's judgment against Porter Hayden. It also reversed all punitive damages awards for insufficient evidence and dismissed Owens-Illinois's appeal.
• ACandS, Inc. v. Redd (Florida District Court of Appeal, 3rd District, 1997). The Third District reversed the $7.2 million loss-of-consortium judgment for Carol Redd against ACandS and ordered a new trial, because her derivative claim abated when her husband died mid-trial; conflict with the Fifth District was certified.
• Accident Fund Insurance Company v. Casey (Missouri Supreme Court, 2018). The Supreme Court of Missouri affirmed the Commission's award of enhanced mesothelioma benefits against the employer and insurer (Accident Fund) and modified it to add Casey's eight adult children to the award alongside the widow.
• Accident Fund Insurance Company v. Casey (Missouri Court of Appeals, Western District, 2017). The Court of Appeals did not decide the merits; it transferred the case to the Missouri Supreme Court because the insurer's and employer's constitutional challenge to the statute is within that court's exclusive jurisdiction.
• Ace Robbins, Inc. v. Wcab (bullock) (Pennsylvania Commonwealth Court, 1994). The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's order, which upheld the referee's award of benefits to claimant Bullock against his employer Ace Robbins, Inc.
• Acevedo v. Abraham (U.S. District Court, Southern District of Texas, 2017). The court granted summary judgment to nurse practitioner Johny Abraham and Dr. Patrick Strunk on qualified immunity, dismissed prisoner Efrain Acevedo's claims with prejudice, and denied his motion to add state-law malpractice claims as futile.
• Adams v. Armstrong International, Inc (U.S. District Court, Southern District of Illinois, 2012). The court granted Plaintiffs Leonard and Marian Adams' motion to remand and returned the case to the Madison County, Illinois Circuit Court, finding General Electric had not shown federal officer removal jurisdiction.
• Adams v. Asbestos Corp. Ltd. (Louisiana Court of Appeals, 2nd Circuit, 2005). The court of appeal affirmed summary judgment for Eaton Corporation, dismissing the survival action of Walter Counts' heirs because workers' compensation was their exclusive remedy.
• Adams v. Consolidated Rail Corp. (West Virginia Supreme Court of Appeals, 2003). The court reversed the denial of a new trial for Conrail and the other railroad defendants as to John Robinson and Ronald Shaffer, because their smoking histories should not have been excluded. It affirmed the denial as to Walter Knight and remanded.
• Adams v. Eagle, Inc. (U.S. District Court, Eastern District of Louisiana, 2022). The court denied third-party defendant Amchem's motion for summary judgment against Avondale (Huntington Ingalls), finding genuine factual disputes on exposure and causation.
• Adams v. Eagle, Inc. (U.S. District Court, Eastern District of Louisiana, 2022). The court denied Westinghouse's (ViacomCBS) motion for summary judgment against third-party plaintiff Avondale, finding genuine disputes of fact on exposure to Westinghouse's Micarta and on substantial-factor causation.
• Adams v. Eagle, Inc. (U.S. District Court, Eastern District of Louisiana, 2022). The court granted plaintiff Ora Jean Adams's motion for summary judgment, ruling that Avondale (Huntington Ingalls) cannot use the Boyle government contractor defense or Yearsley derivative sovereign immunity against her failure-to-warn and failure-to-prevent-spread claims.
• Adams v. Employers Insurance Company OF Wausau (Illinois Appellate Court, 3rd District, 2016). Affirmed the circuit court's dismissal of the plaintiffs' declaratory judgment action against the insurers Wausau, TIG and Travelers, so the plaintiffs lost.
• Adams v. Ethyl Corporation (U.S. Court of Appeals, Fifth Circuit, 2020). The Fifth Circuit affirmed the judgment for the Gaddy children against Ethyl Corporation, including the reduction of general damages to $3,000,000, and rejected both Ethyl's challenges and the plaintiffs' challenge to the jury's allocation of fault to Owens-Illinois.
• Adams v. Ford Motor Company (California Court of Appeal, 2nd Appellate District, 1st Division, 2011). The Court of Appeal affirmed the trial court's order denying the Adams family's motion to tax costs, so Ford Motor Company keeps its award of costs including $167,570 in expert witness fees after its defense verdict.
• Adams v. Goodyear Tire & Rubber Co. (Ohio Court of Appeals, 8th Appellate District, 2009). The court of appeals affirmed summary judgment for Goodyear Tire & Rubber Co. against the estate of Mary and Clayton Adams, represented by executrix Cheryl Boley, because Mary was not exposed to asbestos on Goodyear's property.
• Adams v. Johns-Manville Sales Corp. (U.S. Court of Appeals, Fifth Circuit, 1984). The Fifth Circuit affirmed the judgment on the jury verdict for defendants Eagle-Picher, GAF, Fibreboard and Celotex, upholding exclusion of cancer-risk evidence, the jury instructions, and denial of a new trial against plaintiff Adams.
• Adams v. Owens-Corning Fiberglas Corp. (Louisiana Court of Appeals, 1st Circuit, 2005). The appeals court affirmed dismissal of Jefferson's tort claim against Cooper/T. Smith for asbestosis but reversed dismissal of his other claims, including colon cancer, and remanded.
• Adams v. Owens-Illinois (Maryland Court of Special Appeals, 1998). The Court of Special Appeals affirmed the Baltimore City jury verdicts, which were for the defendants in seven cases and for the plaintiffs in the Parsons and Drebing mesothelioma cases, and ordered the appellants to pay costs.
• Adamson v. General Elec. Co. (Georgia Court of Appeals, 2010). The Georgia Court of Appeals affirmed summary judgment for FMC (workers' compensation exclusive remedy) and for Chesterton, Garlock, CBS/Westinghouse, General Electric and Union Carbide (no proof of exposure to their asbestos products), against the estate's executor.
• Adcock v. Brakegate, Ltd. (Illinois Supreme Court, 1994). The Illinois Supreme Court affirmed the appellate court and the $213,811.79 judgment for the plaintiff estate against Owens-Corning, holding Owens-Corning waived its challenge to the conspiracy counts by answering and going to verdict.
• Adcock v. Brakegate, Ltd. (Illinois Appellate Court, 4th District, 1993). Affirmed the judgment on the $213,811.79 verdict for the plaintiff executor against Owens-Corning Fiberglas, upholding denial of OCF's motion to dismiss the civil conspiracy counts and the default judgment on liability entered as a sanction.
• Adcock v. Peery (U.S. District Court, Eastern District of California, 2020). The court granted plaintiff Jerome Adcock's motion to proceed in forma pauperis and dismissed his complaint against the prison officials with leave to amend, because it did not yet state a cognizable Eighth Amendment claim.
• Adkins v. GAF Corp. (U.S. District Court, Southern District of Ohio, 1988). After a jury trial and a bench trial in the same proceeding, the court entered judgment for Curtis and Mary Adkins against Asbestos Corporation Ltd., Carey Canada and GAF on strict liability, and granted Celotex's directed verdict on the intentional tort claim, vacating its earlier ruling for the plaintiffs.
• Adler v. 3M Co. (New York Supreme Court, 2014). The court denied Gardner Denver's motion for summary judgment, finding a triable issue of fact on whether Mr. Adler was exposed to asbestos from Gardner Denver air compressors, so plaintiffs John and Elaine Adler prevailed on the motion.
• Adler v. 3M Co. (New York Supreme Court, 2013). The court denied both the plaintiffs' motion and Volkswagen's motion and confirmed the Special Master's recommendation, so Volkswagen may depose the plaintiff's pathologist in Milan and must pay the reasonable travel expenses of one of the plaintiffs' lawyers.
• Adler v. Air & Liquid Sys. Corp. (New York Supreme Court, 2012). The trial court granted the plaintiffs' motion for a joint trial only in part, ordering the 22 in extremis cases tried in three disease-based groups (lung cancer, non-Navy mesothelioma, Navy mesothelioma) and severing Vega and Neuer for separate trials, over the defendants' objections to any joinder.
• Advance Environmental Inc. v. Director Washington State Department OF Labor and Industries (Washington Court of Appeals, 1st Division, 2017). The Court of Appeals reversed the superior court and affirmed the Board of Industrial Insurance Appeals' decision upholding the Department of Labor and Industries' citation against Advance Environmental for a serious violation of the 10-day asbestos notice rule.
• Agena v. Cleaver-Brooks, Inc. (U.S. District Court, District of Hawaii, 2020). The court granted Cleaver-Brooks' motion under Rule 42(b) and ordered 56 separate trials, one for each underlying asbestos settlement, rejecting the plaintiffs' request for a single trial.
• Aguirre v. Long IS. Rail RD. Co. (New York Supreme Court, 2007). The court denied the Long Island Rail Road's motion for judgment notwithstanding the verdict and its motion to set aside the verdict as against the weight of the evidence, but ordered a new trial on damages unless the three plaintiffs accepted reduced awards of $300,000 each; Harrington's cross-motion on apportionment was denied.
• Aguirre v. Long Island Railroad Co. (New York Supreme Court, 2007). The court denied the Long Island Rail Road's motions for judgment notwithstanding the verdict and for a new trial on the weight of the evidence, but granted a new trial on damages unless the three plaintiffs agreed to reduce their awards to $150,000 for past and $150,000 for future pain and suffering each.
• Ahnert v. Brand Insulation Inc. (U.S. District Court, Eastern District of Wisconsin, 2015). The court granted CBS Corporation's and General Electric's motions for judgment on the pleadings, holding Beverly Ahnert's mesothelioma suit against them barred by claim preclusion, and dismissed both defendants.