Asbestos Cases A–Z: B

351 decisions whose name begins with B.

• Brandt v. AW Chesterton Company (Rhode Island Superior Court, 2011). The court denied Mack Trucks' motion for summary judgment, ruling for plaintiff Elizabeth Brandt, because the exposure chart was admissible as a dying declaration and showed enough product identification to reach a jury.
• Brandt v. Bon-Ton Stores, Inc. (Pennsylvania Superior Court, 2020). The Superior Court affirmed the trial court's exclusion of the plaintiff's exposure expert testimony and its grant of summary judgment to Colgate-Palmolive, against Charles Brandt and the Estate of Sally Brandt.
• Brannan v. Wallace & Gale Asbestos Settlement Trust (Maryland Court of Special Appeals, 2012). The Court of Special Appeals affirmed the circuit court's summary judgment for the Wallace & Gale Asbestos Settlement Trust, so the four estates could not seek further money from the Trust.
• Branson v. American International Industries (U.S. District Court, Middle District of North Carolina, 2016). The magistrate judge recommended denying Brenntag North America's and Brenntag Specialties' motions to dismiss for lack of personal jurisdiction, without prejudice to raising viable jurisdiction defenses at trial, and denied plaintiff Branson's jurisdictional discovery motion as moot.
• Brantley v. Borg-Warner Morse Tec, Inc. (U.S. District Court, Southern District of California, 2012). The court denied Gerald Brantley's motion to remand, holding that Westinghouse and its co-defendants properly removed the case under the federal officer removal statute.
• Brauer Supply Company 542 (G) Asbestos Personal Injury Trust v. Atlanta International Ins. Co. (U.S. District Court, Eastern District of Missouri, 2012). The district court denied the insurers' motions to strike and exclude the expert testimony of Dr. Gabrielson and Mr. Posner, so the Brauer Supply Trust won, and it gave the insurers extra time to depose Posner.
• Braun v. Lorillard Inc. (U.S. Court of Appeals, Seventh Circuit, 1996). The Seventh Circuit affirmed the judgment on a jury verdict for Lorillard and Hollingsworth & Vose, rejecting the plaintiff's challenges to the district judge's evidentiary rulings.
• Bray v. Ingersoll-Rand Co. (U.S. District Court, District of Connecticut, 2015). The court granted summary judgment to defendants Aurora, BW/IP, Carrier, Crane, Nash, Warren and Weir because the plaintiffs lacked evidence tying the defendants' products to St. Jean's asbestos exposure, and it dismissed Marilyn St. Jean's derivative loss of consortium claim.
• Brazan v. Lamorak Insurance Co. (U.S. District Court, Eastern District of Louisiana, 2018). The court granted Joseph Brazan's motion to remand to Orleans Parish Civil District Court, holding that Union Carbide and Amchem failed to show complete diversity, and denied his request for costs, fees and sanctions.
• Breaux v. Avondale Industries, Inc. (Louisiana Court of Appeals, 4th Circuit, 2004). The Louisiana Court of Appeal granted the Breaux plaintiffs' writ application, reversed the trial court's partial summary judgment for Avondale/Northrop Grumman and Peter Territo, and remanded for further proceedings.
• Breaux v. Avondale Industries, Inc. (Louisiana Court of Appeals, 4th Circuit, 2003). The appeals court reversed the trial court's judgment that had dismissed the Breauxes' Louisiana suit on exceptions of no right of action (claim splitting) and res judicata, and remanded for further proceedings, ruling for the plaintiffs against Avondale, Texaco and the other defendants.
• Breaux v. Mine Safety Appliances Co. (Louisiana Court of Appeals, 5th Circuit, 1998). The appeals court reversed the trial court's grant of the exception of res judicata for Mine Safety Appliances, holding that the 1983 release did not bar plaintiff Breaux's later mesothelioma suit.
• Breedlove v. CSX Transp. Corp. (U.S. District Court, Eastern District of Pennsylvania, 2009). The court denied CSX Transportation's motion for summary judgment, so Breedlove's estate's premises liability claim against CSX goes forward.
• Brewer v. Air Products and Chemicals, Inc. (U.S. District Court, Western District of Kentucky, 2024). The court granted in part and denied in part defendant BOC's motion for orders to obtain records: it will order the Social Security Administration to release the former husbands' records limited to the periods of marriage to Brewer, but denied orders directed to the Kentucky workers' claims department, employers and medical providers.
• Brewer v. Avon Prods., Inc. (New York Supreme Court, 2018). The trial court denied Imerys Talc America and Cyprus Amax Minerals' motion to dismiss for lack of personal jurisdiction and forum non conveniens, so plaintiff Rebecca Brewer's claims against them continue in New York.
• Brewer v. Crane Co. (California Court of Appeal, 2nd Appellate District, 2nd Division, 2012). The Court of Appeal reversed the judgment for the Brewers against Crane Co. and remanded for entry of judgment notwithstanding the verdict in Crane's favor, applying O'Neil v. Crane Co.
• Brewer v. Fibreboard Corp. (Washington Supreme Court, 1995). The Washington Supreme Court affirmed that the $175,000 Manville Trust settlement was reasonable but held the setoff should be only the $21,000 actually received, and remanded for recalculation of the judgment against Fibreboard, Owens-Corning Fiberglas and Pittsburgh Corning at $290,643.56, a result favoring the Brewers.
• Brezonick v. AW Chesteron Company (Wisconsin Court of Appeals, 1st District, 2015). The Court of Appeals reversed the summary judgment that had dismissed Sandra Brezonick's claims against Pabst, Miller, WEPCO, Sprinkmann and their insurers under the construction statute of repose, and remanded for further proceedings.
• Briggs v. General Electric Co. (New York Supreme Court, Nassau, 2007). The court denied Robert A. Keasbey Co.'s summary judgment motion on the negligence and failure-to-warn claims but dismissed the strict products liability and breach of warranty claims against it, so plaintiffs won in part and Keasbey won in part.
• Brindell v. Carlisle Industrial Brake and Friction Inc. (U.S. District Court, Eastern District of Louisiana, 2021). The court granted the plaintiffs' motion to remand to state court, finding the second removal untimely because the defendants did not show plaintiffs acted in bad faith, and that the non-diverse defendants were not improperly joined; the removing defendants lost.
• Brindell v. Carlisle Industrial Brake and Friction Inc. (U.S. District Court, Eastern District of Louisiana, 2020). The district court granted the plaintiffs' motion to remand to Louisiana state court, rejecting Utility Trailer Manufacturing Company's claim that the non-diverse defendants were improperly joined.
• Brindell v. Carlisle Industrial Brake and Friction, Inc. (Louisiana Court of Appeals, 4th Circuit, 2022). The court affirmed summary judgment for CRA Trailers (f/k/a Great Dane Trailers) and the dismissal with prejudice of the Brindell family's claims against it.
• Brindell v. Carlisle Industrial Brake and Friction, Inc. (Louisiana Court of Appeals, 4th Circuit, 2022). The appeals court affirmed summary judgment for Utility Trailer Manufacturing Company, rejecting the claims of the Brindell family plaintiffs.
• Brinkman v. General Dynamics Corporation (U.S. Court of Appeals, Fourth Circuit, 2016). The Fourth Circuit vacated the district court's order remanding the case to state court and sent it back for further proceedings, in light of its new ruling that the government contractor defense is available in failure-to-warn cases; this favored General Dynamics and Electric Boat over the Brinkmans.
• Brisboy v. Fibreboard Corp. (Michigan Supreme Court, 1988). The Michigan Supreme Court upheld the denial of Fibreboard's motion for directed verdict, but held the lower courts wrongly disregarded the jury's finding that Rand was 55% negligent, and remanded for judgment with damages apportioned under the jury's verdict.
• Bristol v. Ford Motor Company (U.S. District Court, Eastern District of Missouri, 2016). The district court granted Plaintiff Nola Bristol's motion to remand to the Circuit Court for the City of St. Louis because Ford's removal came more than one year after the suit was filed and Ford did not show bad faith, but denied her request for costs, fees and sanctions against Ford.
• Brochu v. Aesys Technologies (Connecticut Appellate Court, 2015). The Appellate Court affirmed the trial court's sua sponte dismissal of the executrix's asbestos action for failure to prosecute with due diligence, a ruling for the defendants Crane Co., Foster Wheeler and Goulds Pumps.
• Brock v. Air & Liquid Systems Corporation (U.S. District Court, Middle District of North Carolina, 2021). The court granted summary judgment to Covil, Daniel International, ViacomCBS (as successor to Westinghouse) and Air & Liquid Systems (as successor to Buffalo Pumps), denied the Brocks' cross-motions against Covil and Daniel, and dismissed the claims against those four defendants.
• Brock v. Air & Liquid Systems Corporation (U.S. District Court, Middle District of North Carolina, 2020). The court denied Albany International Corp.'s motion to dismiss for lack of personal jurisdiction, finding the Brocks made a prima facie showing of specific jurisdiction, and retroactively extended Albany's response deadline to May 3, 2019.
• Brooks v. Armco, Inc. (Texas Court of Appeals, 6th District, 2006). The court of appeals affirmed the take-nothing judgment for Armco, rejecting the plaintiffs' challenges to jury selection and the Batson-Edmonson hearing.
• Brooks v. Mission Stucco Company (California Court of Appeal, 2nd Appellate District, 3rd Division, 2024). The Court of Appeal affirmed the order granting plaintiffs a new trial against Mission Stucco because the verdict was inconsistent, and modified it to require retrial of Mission Stucco's design defect liability as well as allocation of fault, while keeping the $5 million damages total.
• Brooks v. Stone Architecture (Mississippi Court of Appeals, 2006). The Court of Appeals of Mississippi affirmed summary judgment for Stone Architecture and the subcontractors, rejecting the students' and teachers' fear-of-future-disease claims.
• Broussard v. Huntington Ingalls, Inc. (U.S. District Court, Eastern District of Louisiana, 2021). The court granted Huntington Ingalls' (as successor to Standard Paint and Varnish) motion for partial summary judgment and dismissed with prejudice the plaintiffs' claims relating to Standard Paint and Varnish, because exposure was not sufficiently shown.
• Broussard v. Huntington Ingalls, Inc. (U.S. District Court, Eastern District of Louisiana, 2021). The court granted in part the plaintiffs' motion for partial summary judgment, ruling that Avondale could not use the government contractor defense against state law failure-to-warn claims, and denied the motion in all other respects.
• Broussard v. Huntington Ingalls, Inc. (U.S. District Court, Eastern District of Louisiana, 2021). The court granted General Electric's motion for summary judgment and dismissed plaintiffs' claims against it with prejudice, and denied Uniroyal's motion for summary judgment on Huntington Ingalls' third-party claim.
• Broussard v. Huntington Ingalls, Inc. (U.S. District Court, Eastern District of Louisiana, 2020). The district court denied the plaintiffs' motion to remand, so the case stayed in federal court and Avondale (Huntington Ingalls) and its co-defendants won on removal.
• Brown & Root, Inc. v. Moore (Texas Court of Appeals, 6th District, 2002). The court of appeals affirmed the trial court's judgment against Brown & Root, holding the evidence legally sufficient to support the jury's malice finding and the $166,000 exemplary damages award for Nancy Moore and the heirs.
• Brown & Root, Inc. v. Sain (U.S. Court of Appeals, Fourth Circuit, 1998). The Fourth Circuit affirmed the Benefits Review Board's award of LHWCA disability, medical and death benefits to widow Frances Sain against Brown & Root and Highlands Insurance, rejecting their forfeiture, offset and special fund arguments.
• Brown & Root, Inc. v. Shelton (Texas Court of Appeals, 12th District, 2003). The court of appeals modified the judgment to give Brown & Root a full $3,951,900 settlement credit, leaving it liable for $64,100, and otherwise affirmed Mrs. Shelton's judgment, including the gross negligence finding.
• Brown v. Avondale Industries, Inc. (U.S. District Court, Eastern District of Louisiana, 2018). The district court granted Gregory Brown's motion to remand and sent the case back to Orleans Parish Civil District Court, rejecting Avondale's federal officer removal.
• Brown v. Bell & Gosset Co. (New York Supreme Court, 2013). The court granted LILCO (National Grid Generation) summary judgment dismissing the unopposed Labor Law § 241(6) claim but denied it as to the Labor Law § 200 claim, so plaintiffs Harry and Phyllis Brown's § 200 claim continues.
• Brown v. Bell & Gossett Co. (New York Supreme Court, 2015). The court denied the administratrix's motions to renew and reargue her opposition to Con Edison's post-trial motion, so Con Edison kept its win setting aside the Labor Law § 200 verdict and the reduction of the loss of consortium award, except that the earlier waiver finding was vacated.
• Brown v. Bell & Gossett Co. (New York Supreme Court, 2014). The court granted Con Edison's motion to set aside the jury verdict against it, vacated the judgment for the plaintiffs (Brown's estate and his wife), and dismissed the complaint against Con Edison.
• Brown v. Bell & Gossett Co. (New York Supreme Court, 2013). The court granted Con Edison summary judgment dismissing the Labor Law § 241(6) claim (unopposed) but denied it on the Labor Law § 200 and common-law claims, so those claims by Harry and Phyllis Brown go forward.
• Brown v. Crews (U.S. District Court, Middle District of Florida, 2015). The court granted the Florida corrections defendants' motion to dismiss, dismissing inmate John Brown's compensatory and punitive damages claims in both counts and dismissing Count Two against Secretary Crews.
• Brown v. Crown Cork & Seal Company (Washington Court of Appeals, 1st Division, 2005). The Court of Appeals affirmed summary judgment for Honeywell International (successor to Bendix) because Brown offered no evidence that he was exposed to Bendix brake products.
• Brown v. Kentucky Utilities Company (U.S. District Court, Western District of Kentucky, 2015). The court severed General Electric's third-party claims against the Tennessee Valley Authority, stayed them, declined supplemental jurisdiction and remanded the plaintiffs' claims to Jefferson Circuit Court, granting the plaintiffs' motion.
• Brown v. Lockheed Martin Corp. (U.S. Court of Appeals, Second Circuit, 2016). The Second Circuit affirmed the district court's dismissal of the estate's asbestos claims against Lockheed Martin for lack of personal jurisdiction in Connecticut.
• Brown v. Saif (Oregon Court of Appeals, 1986). The Court of Appeals affirmed the Workers' Compensation Board's order reinstating SAIF's denial of claimant Brown's claim for medical services, so SAIF won and Brown lost.
• Brown v. the Boeing Company (U.S. District Court, Southern District of Alabama, 2012). The court granted plaintiff Walter Brown's motion to voluntarily dismiss his asbestos suit without prejudice, denied Boeing's and Lockheed Martin's motions for judgment on the pleadings as moot, and ordered Brown to reimburse defendants' limitations research and briefing costs.