Asbestos Cases A–Z: N

82 decisions whose name begins with N.

• Nobriga v. Raybestos-Manhattan, Inc. (Hawaii Supreme Court, 1984). The Hawaii Supreme Court affirmed the order striking Eagle-Picher's government-specifications defense, but reversed the judgment on settlement credits and remanded for entry of a judgment of $98,472.62 for the Nobriga plaintiffs against Raybestos-Manhattan and Eagle-Picher.
• Nolan v. Johns-Manville Asbestos (Illinois Supreme Court, 1981). The Illinois Supreme Court affirmed the appellate court's reversal of summary judgment for the defendants (Johns-Manville and others) and remanded to the circuit court, so the plaintiff's estate may proceed on the asbestosis claim.
• Nolan v. Johns-Manville Asbestos & Magnesia Materials Co. (Illinois Appellate Court, 1st District, 1979). The appellate court reversed the summary judgment that the circuit court had granted to all defendants on limitations grounds and remanded, so the plaintiff estate may proceed and a fact-finder will decide when Nolan knew or should have known of his asbestosis.
• Nolan v. Weil-McLain (Illinois Supreme Court, 2009). The Illinois Supreme Court reversed the appellate court and circuit court judgments for the plaintiff executrix and remanded for a new trial, because the trial court wrongly barred Weil-McLain from presenting evidence of the decedent's other asbestos exposures.
• Nolan v. Weil-McLain (Illinois Appellate Court, 4th District, 2006). The appellate court affirmed the $2,368,000 jury verdict for plaintiff Sally Nolan against Weil-McLain, rejecting its challenges to the exclusion of other-exposure evidence, the refusal of a contributory-negligence instruction, and the closing-argument remarks (one justice dissented).
• Nolen v. Foster Wheeler Energy Corp. (California Court of Appeal, 2nd Appellate District, 2nd Division, 2012). The Court of Appeal reversed the judgment for John and Sarah Nolen against Foster Wheeler and remanded for entry of judgment notwithstanding the verdict in Foster Wheeler's favor.
• Noll v. American Biltrite Inc. (Washington Supreme Court, 2017). The Washington Supreme Court held that, on the allegations before it, the trial court properly dismissed Noll's claims against Special Electric without prejudice for lack of specific personal jurisdiction. It rejected the Court of Appeals' reasoning and remanded to the trial court, which may make its own jurisdictional finding on any new allegations.
• Noll v. American Biltrite, Inc. (Washington Court of Appeals, 1st Division, 2015). The Court of Appeals reversed the trial court's CR 12(b)(2) dismissal, holding Washington may exercise specific personal jurisdiction over Special Electric, so Noll's estate won on this issue.
• Noll v. Special Electric Company, Inc. (Washington Court of Appeals, 1st Division, 2019). The Court of Appeals remanded to the trial court to make findings of fact on personal jurisdiction over Special Electric, because it could not tell why the trial court had found Candace Noll's evidence insufficient; the court retained jurisdiction over the appeal.
• Non-Party Certain Matching Claimants v. Aldrich Pump LLC (U.S. District Court, Western District of North Carolina, 2023). The district court granted the Non-Party Certain Matching Claimants' motion to stay the bankruptcy court's order denying anonymity pending their appeal, ruling against Aldrich Pump and Murray Boiler.
• Nooyen v. Wisconsin Elec. Power Co. (Wisconsin Court of Appeals, 2020). The Court of Appeals affirmed summary judgment for the four utilities, holding that Jacqueline Nooyen's safe place claims over her husband's mesothelioma were barred by the ten-year construction statute of repose.
• Norfolk & Western R. Co. v. Ayers (U.S. Supreme Court, 2003). The Supreme Court affirmed the West Virginia trial court's judgments for the six asbestosis claimants against Norfolk & Western Railway, upholding both the fear-of-cancer damages instruction and the refusal to apportion damages to other exposures.
• Norfolk Shipbuilding & Drydock Corp. v. Faulk (U.S. Court of Appeals, Fourth Circuit, 2000). The Fourth Circuit affirmed the Benefits Review Board's order, holding Norshipco liable as the last responsible employer for Theodore Faulk's full LHWCA disability award for peritoneal mesothelioma.
• Normann v. Johns-Manville Corp. (Pennsylvania Superior Court, 1991). The Superior Court reversed the denial of Owens-Illinois' post-trial motion for a new trial and remanded for a liability trial under New York law, a win for Owens-Illinois over the executrix, Francine Normann.
• Norris v. Crane Company (California Court of Appeal, 2nd Appellate District, 5th Division, 2008). The Court of Appeal affirmed the judgment for the Norris plaintiffs against Crane Company after a jury trial, rejecting all of Crane's challenges.
• North American Refractory Co. v. Easter (Texas Court of Appeals, 13th District, 1999). The court of appeals affirmed the jury verdict and judgment for Moss's estate, Easter, Roberts and the two spouses against North American Refractory Co. (NARCO), including the $1.5 million punitive award.
• North v. Adam Opel AG. (New York Supreme Court, Albany, 2015). The court granted German automaker Adam Opel AG's motion to dismiss the complaint of Larry and Claudia North for lack of personal jurisdiction, denying the plaintiffs' request for further jurisdictional discovery.
• Northrop Grumman Systems Corporation v. Britt (Florida District Court of Appeal, 3rd District, 2017). The Third District Court of Appeal affirmed the final judgment and jury verdict for Mrs. Britt and her husband's estate against Northrop Grumman Systems Corporation, rejecting all five of Northrop's arguments.
• Norton v. AO Smith Water Prods. Co. (New York Supreme Court, 2014). The trial court granted O'Connor Constructors' motion for summary judgment and dismissed the plaintiffs' complaint and all cross-claims against it, while the case continued against the other defendants.
• Norwest Corp. v. Commissioner (U.S. Tax Court, 1997). The Tax Court held for the Commissioner that Norwest's $902,206 asbestos-removal costs had to be capitalized as part of a general plan of rehabilitation, partly for Norwest on the Brazilian debt-equity loss (a reduced $1,886,570 loss after a 15% discount), and set a 13% discount rate for the lease portfolio valuation.
• Nostrom v. AW Chesterton Co. (New York Court of Appeals, 2010). The Court of Appeals affirmed the dismissal of Judith Nostrom's Labor Law § 241 (6) claim against the owners (Orange & Rockland, Central Hudson) and the general contractor (Sequoia Ventures), so the defendants won and the plaintiff lost.
• Nostrom v. Chesterton (New York Supreme Court, 2008). The court granted summary judgment to defendant Sequoia Ventures, Inc. (formerly Bechtel Corporation) and dismissed the Nostrom plaintiffs' Labor Law 241(6) claims against it.
• Nostrom v. Chesterton (New York Supreme Court, 2008). The court granted summary judgment to Central Hudson Gas & Electric Corporation and dismissed the Nostrom plaintiffs' Labor Law 241(6) and 200 claims against it.
• Nostrom v. Chesterton (New York Supreme Court, 2008). The court granted summary judgment to defendant Orange and Rockland Utilities, Inc., dismissing the Labor Law 241(6) claim brought by Judith Nostrom, individually and for the estate of Donald Nostrom.
• Novelli v. Johns-Manville Corp. (Pennsylvania Supreme Court, 1990). The court affirmed the $825,000 judgment for Kathleen Novelli against Celotex, rejecting her request for consortium damages past her husband's death and Celotex's challenge to delay damages on the consortium award.
• Novicki v. Rapid-American Corp. (Indiana Court of Appeals, 1999). The Indiana Court of Appeals reversed the trial court's dismissal of the Novicki estate's wrongful death complaint against Rapid-American as time-barred and remanded for further argument and evidence on timeliness under Section 5.
• Nuckols v. Consol. Rail Corp. (Ohio Court of Appeals, 6th Appellate District, 2022). The court reversed the trial court's summary judgment for Consolidated Rail Corporation and CSX Transportation, which had held Randy Nuckols's FELA claim time-barred, and remanded for further proceedings.
• Nugent v. Owens-Corning Fiberglas, Inc. (Missouri Court of Appeals, Eastern District, 3rd Division, 1996). The Missouri Court of Appeals affirmed the judgment on the jury verdict for Owens-Corning Fiberglas and ACandS, rejecting the widow's claims of trial error (one judge dissented as to the Hazard deposition).
• Nutt v. AC & S., Inc. (Delaware Superior Court, 1983). The court granted du Pont's and Haveg's motions to dismiss the employees' lost-causes-of-action claims and the wives' consortium and mental anguish claims, and granted the supplier-defendants' motions to dismiss the wives' mental anguish claims and the fraud-based lost-claims counts (the latter with leave to amend under Rule 9(b)).
• Nuutinen v. CBS Corporation (U.S. District Court, Eastern District of Wisconsin, 2015). The court denied CBS's renewed summary judgment motion based on Wisconsin's construction statute of repose, granted John Crane's summary judgment motion because the plaintiff offered no evidence against it, and ruled on the parties' motions in limine.
• Nye v. Bayer Cropscience, Inc. (Tennessee Supreme Court, 2011). The Tennessee Supreme Court affirmed the Court of Appeals, holding North Brothers could be sued in strict liability and that the jury instruction was reversible error, and reversed the trial court's judgment for North Brothers and remanded for a new trial in favor of widow Evelyn Nye.
• Nye v. Bayer Cropscience, Inc. (Tennessee Court of Appeals, 2009). The Court of Appeals reversed the judgment for North Brothers entered on the jury's verdict and remanded for a new trial, because the jury instruction on failure to warn was erroneous; this favored the widow, Evelyn Nye.