Asbestos Cases A–Z: K

143 decisions whose name begins with K.

• Kachman v. Standard Fuel Engineering Company (U.S. District Court, Eastern District of Michigan, 2023). The court granted the plaintiffs' motion to remand all seven asbestos personal injury actions to Wayne County Circuit Court, finding the defendants (Standard Fuel Engineering and Spence Brothers) failed to show federal-question jurisdiction.
• Kaenzig v. Charles B. Chrystal Company, Inc. (New Jersey Superior Court, Appellate Division, 2015). The Appellate Division affirmed the jury's $1.6 million verdict and the denial of JNOV and a new trial, ruling against defendant Whittaker, Clark & Daniels and for plaintiffs Steven and Linda Kaenzig.
• Kaiser v. Armstrong World Industries, Inc. (U.S. Court of Appeals, First Circuit, 1989). The First Circuit affirmed summary judgment for the asbestos manufacturer defendants, holding Sol Kaiser's suit time-barred by Puerto Rico's one-year statute of limitations, so Kaiser and his family lost.
• Kalahar v. Alcoa, Inc. (Washington Court of Appeals, 1st Division, 2015). The court affirmed summary judgment for Alcoa, dismissing the Kalahars' mesothelioma suit because they could not show Alcoa knew injury was certain to occur.
• Kallsen v. AW Chesterton Company (U.S. District Court, Northern District of Ohio, 2021). The district court denied the Kallsens' motion to remand, holding that Westinghouse (ViacomCBS) timely removed the case to federal court, so the case stays in federal court.
• Kaminski v. Western MacArthur Co. (California Court of Appeal, 1st Appellate District, 5th Division, 1985). The Court of Appeal affirmed the judgment for Jack and Rose Kaminski against Western MacArthur Company, holding it was successor to Western Asbestos Company, and denied Western MacArthur's writ petitions challenging summary judgment on successorship as academic.
• Kane v. Johns-Manville Corp. (U.S. Court of Appeals, Second Circuit, 1988). The Second Circuit affirmed the District Court's order, which had upheld the Bankruptcy Court's confirmation of Manville's reorganization plan, so Manville and the plan's supporters won and claimant Kane lost.
• Kappel v. Weyerhaeuser Company (U.S. District Court, Western District of Wisconsin, 2018). The court accepted the plaintiffs' amended complaint, granted Weyerhaeuser's motion to dismiss the nuisance claims as time-barred, and denied it in all other respects, so the plaintiffs' negligence claim and punitive damages claim go forward.
• Kardos v. Armstrong Pumps, Inc. (Pennsylvania Superior Court, 2019). The Superior Court vacated the summary judgments for the remaining defendant-appellees, reversed the order precluding Mr. Kardos' affidavit and deposition, and remanded for further proceedings, ruling for the plaintiff estate.
• Karjala v. Johns-Manville Products Corp. (U.S. Court of Appeals, Eighth Circuit, 1975). The Eighth Circuit affirmed the $200,000 jury judgment for plaintiff Karjala against Johns-Manville, finding the jury instructions on strict liability/duty to warn and on the statute of limitations consistent with Minnesota law.
• Katechis v. Allied Bldg. Prods. Corp. (New York Supreme Court, 2022). The court denied Allied Building Products Corp.'s motion for summary judgment, so plaintiff Agathi Katechis's claims against Allied go forward.
• Katechis v. Allied Bldg. Prods. Corp. (New York Supreme Court, 2022). The court denied defendant Dykes Lumber Company's motion for summary judgment in its entirety, so plaintiff Agathi Katechis's claim against Dykes proceeds.
• Kath v. Burlington Northern R. Co. (Minnesota Court of Appeals, 1989). The Minnesota Court of Appeals affirmed the judgment for Eileen Kath against Burlington Northern Railroad, rejecting the railroad's challenges to the jury instructions, verdict form, Schwartz hearing denial, damages and evidence rulings.
• Kaufman v. City of New York (U.S. District Court, Southern District of New York, 1989). The court granted the City of New York's motion to dismiss the building owners' federal due process and takings claims, and dismissed their pendent state law claims for lack of subject matter jurisdiction.
• Keene Corp. v. Bahl (Florida District Court of Appeal, 1st District, 1985). The First District Court of Appeal affirmed the deputy commissioner's order awarding workers' compensation benefits to claimant Howard Bahl against Keene Corporation and its carrier Hartford, rejecting their defenses.
• Keene Corp. v. Gardner (Texas Court of Appeals, 5th District, 1992). The appeals court affirmed the judgment for the four plaintiffs against Keene Corporation, but vacated the trial court's order sanctioning Keene over the mediation and ordered the plaintiffs to refund any money Keene paid under it.
• Keene Corp. v. Ins. Co. of North America (U.S. Court of Appeals, District of Columbia Circuit, 1981). The court reversed the district court's summary judgment, which had prorated costs among Keene's insurers. It held that each insurer on the risk between initial exposure and manifestation is fully liable to Keene (Keene prevailed on both issues: the court held the dispute justiciable and rejected proration), and it remanded for trial on damages and on Liberty's 1967 policy.
• Keene Corp. v. Insurance Co. of No. America (U.S. District Court, District of Columbia, 1981). The court granted Keene Corporation partial summary judgment against its insurers (INA, Aetna, Hartford, Liberty), holding that coverage is triggered by exposure to asbestos, and denied Aetna's challenge to jurisdiction.
• Keene Corp. v. Rogers (Texas Court of Appeals, 6th District, 1993). The court of appeals affirmed the judgment for Jessie and Eleanor Rogers and Robert and Jo Emma Lofton against Keene Corporation, holding that the recusal, jury charge and expert testimony rulings were not error and that the erroneous admission of the Mancuso deposition and reports was harmless.
• Keene v. Cna Holdings, LLC (South Carolina Supreme Court, 2021). The South Carolina Supreme Court affirmed the court of appeals, holding Dennis Seay was not Hoechst's statutory employee, so the $14 million actual and $2 million punitive verdict against CNA Holdings stood.
• Keene v. Cna Holdings, LLC (South Carolina Court of Appeals, 2019). The Court of Appeals of South Carolina affirmed the circuit court's denial of CNA Holdings' motions for JNOV, new trial and remittitur, leaving the verdict for Seay's estate and wife in place.
• Keeney v. AW Chesterton Company (California Court of Appeal, 2nd Appellate District, 4th Division, 2013). The Court of Appeal affirmed the judgment, rejecting the plaintiffs' cross-appeal that John Crane should bear 100 percent of the damages and that the Navy commander's testimony should have been excluded; John Crane prevailed on the cross-appeal.
• Keiser v. Donald Mckay Smith, Inc. (U.S. District Court, Northern District of Ohio, 2023). The court granted plaintiff Carolyn Keiser's motion to remand to the Cuyahoga County Court of Common Pleas, finding Vanderbilt Minerals had not shown that the non-diverse defendants were fraudulently joined, and denied as moot the other pending motion.
• Kelemen v. John Crane, Inc. (California Court of Appeal, 2nd District, Division 2, 2011). The Court of Appeal reduced the future noneconomic damages award against John Crane, Inc. from $14 million to $1 million, upheld the finding that plaintiffs were entitled to punitive damages but remanded for a limited retrial on the amount, affirmed the judgment otherwise, and dismissed plaintiffs' cross-appeal as moot.
• Keller v. Exxonmobil Oil Corporation (U.S. District Court, Southern District of New York, 2025). The court excluded the testimony of plaintiff's causation expert Dr. Kradin and granted summary judgment to defendant ExxonMobil Oil Corporation, dismissing Keller's Jones Act asbestos lung cancer claim; the other expert motions were denied as moot.
• Kelley v. Union Carbide Corporation (Tennessee Supreme Court, 2011). The Tennessee Supreme Court (through its Special Workers' Compensation Appeals Panel) affirmed the trial court's award of death benefits to the widow, Naomi Kelley, rejecting Union Carbide's argument that the 1991 settlement barred her claim, and upheld the trial court's method of calculating the weekly benefit rate.
• Kellogg Co. v. Pinkston (Georgia Court of Appeals, 2001). The Court of Appeals vacated the $4.4 million default judgment for the Pinkstons against Kellogg-Eggo and remanded with direction to dismiss the complaint, because the Workers' Compensation Act's exclusivity provision left the court without subject matter jurisdiction.
• Kellogg v. Asbestos Corp. Ltd. (California Court of Appeal, 1st Appellate District, 4th Division, 1996). The Court of Appeal reversed the damages award to Harry Kellogg against Asbestos Corporation Limited and the section 998 costs, remanded for a limited new trial on his lifetime economic damages and costs, and affirmed the rest, including Ida May Kellogg's award.
• Kelly v. Airco Welders Supply (New York Supreme Court, 2013). The court denied Milwaukee Valve Company's motion for summary judgment, so the plaintiff's claims against it continue.
• Kelly v. CBS Corporation (U.S. District Court, Northern District of California, 2015). The court ruled on the parties' motions in limine before trial, granting some and denying others, so plaintiff Barry Kelly and the defendants each won some rulings.
• Kelly v. Georgia-Pacific, LLC (Florida District Court of Appeal, 4th District, 2017). The appellate court affirmed the dismissal of the widow's consortium damages claim under the Wrongful Death Act, ruling for the defendants (Georgia-Pacific, Union Carbide and others) against Janis Kelly, because she married the decedent after his asbestos exposure.
• Kemp v. Armstrong World Industries (Louisiana Court of Appeals, 1st Circuit, 2003). The appeals court affirmed the trial court's partial summary judgment for Philip Morris, which limited the Kemp family's claims against the tobacco company to those available under the Louisiana Products Liability Act.
• Kennedy v. Saberhagen Holdings, Inc. (Washington Court of Appeals, 2nd Division, 2014). The Court of Appeals reversed summary judgment for Saberhagen Holdings and remanded for further proceedings, finding Kennedy presented enough evidence to raise a fact question about exposure to Saberhagen's asbestos insulation.
• Kent v. Warren Pumps, LLC (California Court of Appeal, 2nd Appellate District, 3rd Division, 2014). The Court of Appeal reversed the summary judgment for Warren Pumps, LLC, holding Warren had not met its initial burden, and awarded the Kents their costs on appeal.
• Kentucky Employers'mutual Insurance v. Hall (Kentucky Court of Appeals, 2024). The Court of Appeals reversed the Workers' Compensation Board's dismissal for lack of standing and remanded to the ALJ to determine which insurer was on the risk on Hall's date of last exposure, in favor of KEMI and Letcher County and against Encova.
• Kerkhof v. Johnson & Johnson (U.S. District Court, District of Maryland, 2019). The District Court granted Carol and Stuart Kerkhof's motion to remand their talc mesothelioma suit to the Montgomery County Circuit Court, rejecting Johnson & Johnson's bankruptcy-based removal.
• Kesner v. Superior Court and Haver (California Supreme Court, 2016). The California Supreme Court reversed the Court of Appeal in Haver (BNSF's demurrer had been sustained) in favor of the Havers, and vacated the Court of Appeal judgment in Kesner (Abex's nonsuit had been reversed), remanding both for further proceedings, finding employers and premises owners owe a duty to household members.
• Kesner v. Superior Court of Alameda County (California Court of Appeal, 1st Appellate District, 3rd Division, 2014). The Court of Appeal reversed the judgment of nonsuit for Pneumo Abex and held that Abex owed Kesner a duty of care, so the case could go forward for trial on the remaining questions.
• Kestenbaum v. Durez Corp. (New York Supreme Court, 2014). The court denied Union Carbide Corporation's motion for summary judgment, leaving the plaintiff's claims against it in place.
• Ketchie v. Fieldcrest Cannon, Inc. (North Carolina Court of Appeals, 2015). The Court of Appeals affirmed the Full Commission's order denying the workers' compensation claims of Ketchie and Joines against the N.C. Self-Insurance Security Association, holding they were not "covered claims."
• Keystone Steel and Wire Co. v. Costa (Illinois Appellate Court, 3rd District, 1994). The appellate court affirmed the judgment against Owens-Corning (including the new trial limited to wrongful death damages) and affirmed the denial of Keystone Steel & Wire's petitions for subpoena-compliance expenses, so the plaintiff and the trial court's rulings prevailed.
• Khosravan v. Chevron Corporation (California Court of Appeal, 2nd Appellate District, 7th Division, 2021). The Court of Appeal reversed the order denying the Khosravans' motion to strike or tax costs, holding the Chevron defendants' section 998 offers invalid, and remanded for the trial court to recalculate costs owed to the Chevron defendants.
• Khosravan v. Exxon Mobil Corp. (California Court of Appeal, 2nd Appellate District, 7th Division, 2021). The Court of Appeal affirmed summary judgment for the Chevron and Exxon defendants, holding they owed no duty of care to Khosravan, and awarded respondents their costs on appeal.
• Kieffer and Co., Inc. v. Industrial Com'n (Illinois Appellate Court, 2nd District, Industrial Commission Division, 1994). The appellate court affirmed the circuit court's judgments confirming the Industrial Commission: Kieffer and Company stayed liable for the widow's death benefits, and the widow lost her claim for temporary total disability benefits.
• Kilpatrick v. Bullough Abatement, Inc. (Utah Supreme Court, 2008). The Utah Supreme Court reversed the district court's dismissal of both the Kilpatrick and Kirkham asbestos cases, ruling for the plaintiffs (the widows) against the defendants (Bullough, BNSF, Hamilton Materials and others), because no finding of willfulness supported the autopsy-requirement sanction.
• Kilpatrick v. Dept. of Labor and Industries (Washington Supreme Court, 1994). The Washington Supreme Court reversed the summary judgments for the Department of Labor and Industries and held the three widows were entitled to survivor's benefits at the 100 percent rate, remanding for attorney fees and further proceedings.
• Kilty v. Weyerhaeuser Co. (U.S. District Court, Western District of Wisconsin, 2018). The court granted Weyerhaeuser's summary judgment motions in both cases, so the Kilty and Spatz plaintiffs lost their negligence claims. It also affirmed the magistrate judge's denial of late depositions but vacated the discovery sanction against plaintiffs.
• Kilty v. Weyerhaeuser Company (U.S. Court of Appeals, Seventh Circuit, 2019). The Seventh Circuit dismissed Weyerhaeuser's interlocutory appeal as moot because the district court had since granted Weyerhaeuser summary judgment on the merits; the estates' motion to dismiss the appeal was granted.
• Kilty v. Weyerhaeuser Company (U.S. District Court, Western District of Wisconsin, 2018). The court denied 3M Company's motions for summary judgment, so the plaintiffs' strict liability and negligence claims over the 8710 respirator go to trial.
• Kilty v. Weyerhaeuser Company (U.S. District Court, Western District of Wisconsin, 2018). The district court granted in part and denied in part Weyerhaeuser's motion to dismiss: it dismissed the nuisance claims as time-barred and struck reliance on federal Clean Air Act standards (unopposed), but let the negligence and punitive damages claims go forward, so the plaintiffs won on those points.