Asbestos Cases A–Z: B

351 decisions whose name begins with B.

• Broyles v. US Gypsum Co. (U.S. District Court, Eastern District of Texas, 2001). The federal district court granted the plaintiffs' motion for mandatory abstention, remanded the settlement-enforcement dispute to Texas state court, and denied the motions to sever Armstrong and Babcock & Wilcox, so plaintiffs prevailed over USG and Union Carbide.
• Brucker v. CBS Corporation (U.S. District Court, Northern District of Ohio, 2019). The district court granted Crane Co.'s motion for summary judgment on the maritime strict liability and negligence claims because plaintiff Christine Brucker could not show that Harold Brucker was exposed to Crane's asbestos-containing products.
• Brucker v. CBS Corporation (U.S. District Court, Northern District of Ohio, 2016). The court denied Defendant Warren Pumps LLC's Rule 12(b)(7) motion to dismiss for failure to join the California defendants, so the plaintiffs' case continued.
• Brumley v. Akzona, Inc. (Louisiana Court of Appeals, 4th Circuit, 2010). The Louisiana Court of Appeal affirmed the trial court's forum non conveniens dismissal, without prejudice, in favor of the defendants, allowing the plaintiff to re-file in Texas.
• Brumley v. Fdcc California, Inc. (California Court of Appeal, 1st Appellate District, 1st Division, 2007). The Court of Appeal reversed in part the dismissal under the five-year rule, reinstating the wrongful death, loss of consortium and cancer survivorship claims against the defendants, while the noncancer survivorship claims stayed barred.
• Brunet v. Avondale Industries, Inc. (Louisiana Court of Appeals, 5th Circuit, 2000). The court affirmed the judgment dismissing the Brunet family's claims against Avondale Industries, holding that workers' compensation was their exclusive remedy, and it dismissed the appeal as to Avondale's executive officers and their insurers.
• Brust v. Acf Industries, LLC (U.S. District Court, District of New Jersey, 2011). The court granted Brust's motion to remand to New Jersey state court because her complaint raised only state-law claims, and denied her request for attorney's fees and costs against the DRPA.
• Bruszewski v. Motley Rice, LLC (U.S. District Court, Eastern District of Kentucky, 2012). The court denied Motley Rice's and Provost Umphrey's motions to compel arbitration and to dismiss the legal malpractice complaint and Donna Bruszewski's individual claims, but granted dismissal of the claim for "lost" punitive damages.
• Bryant v. General Motors Corp. (Ohio Court of Appeals, 3rd Appellate District, 2015). The court of appeals affirmed the jury verdict for Loretta Bryant, which found her husband's asbestos exposure at GM contributed to his fatal lung cancer and entitled her to workers' compensation death benefits, and rejected GM's challenges to the directed-verdict ruling and two evidence rulings.
• Bucci v. Air & Liquid Sys. Corp. (New York Supreme Court, 2018). The trial court denied the plaintiffs' motion to consolidate the Bucci, Johnsen and Palmeri asbestos cases for a joint trial, ruling for the defendants who opposed it.
• Buckholtz v. American Optical Corporation (Washington Court of Appeals, 2nd Division, 2023). The Court of Appeals held that Zidell Explorations owed Woodruff a duty as owner of at least one ship he worked on, but not as lease guarantor, and that the trial court wrongly found spoliation; it remanded to vacate the judgment against Zidell Explorations and for a new trial.
• Buckles v. Hopkins Goldenberg, PC (Illinois Appellate Court, 5th District, 2012). The appellate court affirmed summary judgment for Simmons and the partial summary judgment for the Hopkins firm on the Pittsburgh Corning settlement, but reversed the June 18, 2010 partial summary judgment for the Hopkins firm and remanded, so plaintiff Buckles won in part.
• Buckley v. Metro-North Commuter RR (U.S. Court of Appeals, Second Circuit, 1996). The Second Circuit vacated the judgment as a matter of law for Metro-North Commuter Railroad and remanded for a jury trial on Michael Buckley's emotional distress and medical monitoring claims.
• Budd v. Kaiser Gypsum Company, Inc. (Washington Court of Appeals, 1st Division, 2022). The Court of Appeals affirmed the jury's $13,426,000 verdict for Raymond Budd against Kaiser Gypsum Company, rejecting all of Kaiser's challenges.
• Bugosh v. Allen Refractories Co. (Pennsylvania Superior Court, 2007). The Superior Court of Pennsylvania affirmed the $1,400,000 judgment for Judith Bugosh against Taylored Industries, I.U. North America and Surface Combustion, rejecting each defendant's challenges.
• Bugosh v. Allen Refractories Company (Pennsylvania Superior Court, 2007). The Superior Court affirmed the $1,400,000 judgment for the plaintiff widow and estate against Taylored Industries, I.U. North America and Surface Combustion, rejecting each defendant's challenges.
• Building and Const. Trades Dept., Afl-Cio v. Brock (U.S. Court of Appeals, District of Columbia Circuit, 1988). The court upheld OSHA's findings of significant risk and feasibility of the 0.2 f/cc asbestos PEL, but struck the ban on spraying asbestos products and remanded several issues (lower PELs for some sectors, a STEL, smoking controls, some union-proposed measures) to the agency, so industry and unions each partly won and lost.
• Bullard v. Johns-Manville Corp. (North Carolina Court of Appeals, 1979). The Court of Appeals reversed the Industrial Commission's order awarding death benefits to Bullard's widow and children, ruling for Johns-Manville and Travelers.
• Bunce v. Api, Inc. (Minnesota Court of Appeals, 2005). The Court of Appeals reversed the denial of summary judgment, holding that A.P.I., having signed a Pierringer release with Bunce, could not pursue contribution or indemnity claims against the non-settling third-party defendants (Illinois Tool Works, Turner Construction, Gagnon, Azco, Insulation Sales, Egan Companies).
• Bunker v. National Gypsum Co. (Indiana Supreme Court, 1982). The Indiana Supreme Court vacated the Court of Appeals' opinion and affirmed the Industrial Board's denial of asbestosis benefits to Richard Bunker, holding the three-year limitation period constitutional and National Gypsum the winner.
• Bunker v. National Gypsum Co. (Indiana Court of Appeals, 3rd District, 1981). The Court of Appeals reversed the Industrial Board's denial of disability benefits to Richard Bunker against National Gypsum, holding the three-year limit unconstitutional as applied to him, and remanded.
• Burawa v. Acker Drill Co. (New York Supreme Court, 2014). The trial court denied Electrolux Home Products' motion for summary judgment, leaving plaintiffs' claims over Hercules engine blocks to proceed.
• Burch v. Certainteed Corporation (California Court of Appeal, 1st Appellate District, 4th Division, 2019). The Court of Appeal affirmed the order granting JNOV to CertainTeed on intentional misrepresentation and denying it on concealment, reversed the judgment and remanded for a new judgment making CertainTeed jointly and severally liable for all damages, and affirmed denial of CertainTeed's motion to compel acknowledgment of partial satisfaction.
• Burdick v. Air & Liquid Systems Corporation (Rhode Island Superior Court, 2012). The court declined to rule on the Hartford defendants' Rule 12(b)(6) motion to dismiss because the complaint lacked enough facts to decide choice of law, and invited the parties to brief choice of law before it rules, staying its ruling in the meantime.
• Burford v. Howmet Aerospace, Inc. (Texas Court of Appeals, 14th District, 2024). The court of appeals reversed the trial court's no-evidence summary judgment for Alcoa (Howmet Aerospace) and remanded for further proceedings, ruling for the Burford family.
• Burger v. Owens-Illinois, Inc. (Pennsylvania Superior Court, 2009). The en banc Superior Court affirmed the trial court's summary judgment for Crown Cork, DAP, Pneumo Abex and Owens-Illinois, ruling against Jon and Lois Burger.
• Burgess v. Abex Corp. (Illinois Appellate Court, 4th District, 1999). The appellate court affirmed the jury verdict and judgment for plaintiffs (the Burgess estate and Francis Burgess) against Abex Corporation and Pittsburgh Corning Corporation on a civil conspiracy theory.
• Burgess v. Abex Corp. EX rel. Pneumo Abex (Illinois Appellate Court, 4th District, 2000). On remand from the Illinois Supreme Court in light of McClure, the appellate court reversed the judgment against Abex and remanded for a new trial, and reversed the judgment against Pittsburgh Corning and ordered judgment entered in its favor.
• Burhenn v. Celotex Asbestos Settlement Trust (Delaware Superior Court, 2024). The court granted the Celotex Asbestos Settlement Trust's motion to dismiss, holding that Joyce Burhenn's claim over her husband's mesothelioma death was untimely, so the Trust won and the plaintiff lost.
• Burkart v. PPG Industries, Inc. (U.S. District Court, Eastern District of Louisiana, 2018). The court granted Raymond Burkart Jr.'s motion to remand and sent the case back to Orleans Parish Civil District Court, rejecting Avondale's federal officer removal.
• Burkhart v. HJ Heinz Co. (Ohio Supreme Court, 2014). The Ohio Supreme Court reversed the court of appeals' ruling that Donald Burkhart's earlier deposition was admissible against H.J. Heinz, and remanded for the trial court to decide whether the remaining evidence creates a genuine issue of fact; Heinz won on the evidence issue and Mrs. Burkhart lost it.
• Burkhart v. HJ Heinz Co. (Ohio Court of Appeals, 6th Appellate District, 2013). The court of appeals reversed the summary judgment for H.J. Heinz Co. in the workers' compensation death-benefits appeal brought by Mary Lou Burkhart, and remanded for trial.
• Burleigh v. Alfa Laval, Inc. (U.S. District Court, District of Massachusetts, 2018). The magistrate judge allowed General Electric's motion, ruling that Maine law, not Massachusetts law, governs the wrongful death damages and punitive damages issues and, for now, the contribution issues.
• Burnett v. American International Industries (U.S. District Court, Western District of Arkansas, 2020). The court granted American International Industries' motion to dismiss (joined by Whittaker, Clark & Daniels), dismissing without prejudice the willful and wanton conduct, punitive damages (as a standalone claim) and fraud counts, and let plaintiffs file an amended complaint within 14 days.
• Burns v. All Acquisitions, LLC (U.S. District Court, Southern District of Illinois, 2014). The court granted plaintiff Michael Burns's motion to remand and sent the case back to the Circuit Court of Madison County, Illinois, after the federal-officer basis for removal by United Technologies no longer supported keeping it.
• Burns v. AP Green Industries, Inc. (Illinois Appellate Court, 5th District, 2001). The appellate court reversed the trial court's denial of the defendants' motions to transfer and remanded with directions to transfer the case from Madison County to Shelby County, Illinois, ruling for the defendants.
• Burns v. Bechtel Corp. (Maryland Court of Special Appeals, 2013). The Court of Special Appeals affirmed summary judgment for Bechtel, holding Jean Burns's claims over her husband's mesothelioma were barred by Maryland's statute of repose.
• Burns v. Jaquays Min. Corp. (Arizona Court of Appeals, 2nd Division, Dept. A, 1987). The Arizona Court of Appeals reversed summary judgment for the defendants (Jaquays and the government defendants) on the residents' nuisance and medical surveillance claims, and affirmed it on the remaining claims, including enhanced risk of cancer and emotional distress.
• Busfield v. AC & S., Inc. (Pennsylvania Superior Court, 1994). The Superior Court affirmed the trial court's order excluding evidence of Alva Busfield's fear of developing cancer, so the plaintiffs lost against the asbestos defendants.
• Bush v. Abex Corp. (Ohio Court of Appeals, 1989). The Ohio Court of Appeals reversed the summary judgments for Lac d'Amiante du Quebec and Asbestos Corporation, Limited, and remanded for further proceedings, finding a genuine factual issue on whether David Bush was exposed to their asbestos; Delores Bush won the appeal.
• Bush v. Eaton Corporation (U.S. District Court, Western District of Kentucky, 2010). The district court granted the plaintiff's motion to remand to Warren Circuit Court, finding a colorable claim against plant supervisor Kinsner so there was no fraudulent joinder, and denied fees and costs; the removing defendants lost on remand but won on timeliness and fees.
• Bush v. Johns-Manville Products Corporation (New Jersey Superior Court, Appellate Division, 1977). The Appellate Division affirmed the compensation judge's award to the widow, Virginia Bush, of dependency death benefits at the $15 weekly minimum, computed on her husband's 1924 wages with Johns-Manville, rejecting her request for a higher wage base.
• Bushless v. GAF Corp. (Pennsylvania Superior Court, 1990). The Superior Court affirmed the trial court's summary judgments for GAF and the other defendants against plaintiffs Bushless, Barber, Kelly and Edmond, because the plaintiffs could not link any defendant's product to their work areas.
• Butler v. Amtico International Inc. (Washington Court of Appeals, 1st Division, 2008). The Court of Appeals reversed the trial court's summary judgment dismissing James and Kathleen Butler's claim against Domco Products, the successor to tile maker Azrock, finding enough evidence of exposure and cumulative causation for trial.
• Butler v. Amtico International Inc. (Washington Court of Appeals, 1st Division, 2006). The Court of Appeals affirmed summary judgment for Tile Council of America, holding James Butler did not show he was exposed to a thin set product connected to TCA.
• Butler v. Union Carbide Corporation (Georgia Court of Appeals, 2011). The Georgia Court of Appeals affirmed the trial court's exclusion of Dr. Maddox's specific causation testimony and its grant of summary judgment to Union Carbide, so Mrs. Butler lost.
• Butler v. Union Pacific R. Co. (U.S. District Court, District of Nebraska, 2020). The district court denied Union Pacific's motion for summary judgment, holding that Butler's 2011 asbestosis release did not bar his FELA claim for colorectal cancer, so Butler prevailed on the motion.
• Buttitta v. Allied Signal, Inc. (New Jersey Superior Court, Appellate Division, 2010). The Appellate Division affirmed the jury verdict and judgment for plaintiff Susan Buttitta against Borg-Warner and Asbestos Corporation Ltd., rejecting all of their challenges.
• Buttitta v. Allied-Signal, Inc. (New Jersey Superior Court, Appellate Division, 2011). The Appellate Division affirmed the judgment requiring defendant Asbestos Corporation, Ltd. to pay plaintiff Susan Buttitta's costs, litigation expenses, attorneys' fees and eight percent prejudgment interest under the offer of judgment rule.
• Buttram v. Owens-Corning Fiberglas Corp. (California Supreme Court, 1997). The California Supreme Court reversed the Court of Appeal, which had affirmed the trial court's refusal to apply Proposition 51 to plaintiff Buttram's noneconomic damages, holding the accrual test wrong and remanding; this favors defendant Owens-Corning.