Asbestos Cases A–Z: S

338 decisions whose name begins with S.

• Soares v. Avon Products, Inc. (Rhode Island Superior Court, 2024). The court denied the motions of LLT Management LLC and Johnson & Johnson Holdco (NA) Inc. (Old Holdco) to substitute Pecos River Talc LLC and New Holdco as defendants, siding with plaintiffs Susan and Brian Soares.
• Sofie v. Fibreboard Corp. (Washington Supreme Court, 1989). The Washington Supreme Court held the statutory cap on noneconomic damages (RCW 4.56.250) unconstitutional under the state jury-trial right, rejected the defendants' claims of trial error, and reinstated the jury's full award to the Sofies against the asbestos manufacturers.
• Sopha v. Owens-Corning Fiberglas Corp. (Wisconsin Supreme Court, 1999). The Wisconsin Supreme Court reversed the circuit court's order dismissing the Sophas' mesothelioma action against Owens-Corning and the other defendants as time-barred, and remanded for further proceedings.
• Sorenson v. Allied Products Corp. (Indiana Court of Appeals, 1999). The Indiana Court of Appeals affirmed summary judgment for Allied Products Corporation, holding Allied was not liable as successor to White Farm for Frank Sorenson's mesothelioma death, and rejecting the widow's claim that the trial court lacked jurisdiction.
• Sorenson v. Raymark Industries (Washington Court of Appeals, 2nd Division, 1988). The Court of Appeals affirmed the judgment for Sorenson and his wife against the asbestos product manufacturers, upholding admission of increased-cancer-risk evidence and denial of a new trial for juror misconduct.
• Sorrentino v. Ammco Tools, Inc. (Washington Court of Appeals, 1st Division, 2024). The Court of Appeals affirmed the judgment for Sorrentino's estate against Volkswagen AG and Volkswagen Group of America, upholding the denial of their JMOL motion, their three proposed jury instructions, and personal jurisdiction over VWAG.
• Soto v. BorgWarner Morse Tec Inc. (California Court of Appeal, 2nd Appellate District, 4th Division, 2015). The Court of Appeal affirmed the nonsuit on the great-grandson Eli's wrongful death claim, the $2 million noneconomic awards to each daughter, and the 25 percent fault allocation to ASARCO, but reversed the $32.5 million punitive damages award against BorgWarner Morse TEC for lack of meaningful evidence of its financial condition.
• Soucy v. Briggs & Stratton Corporation (U.S. District Court, District of Maine, 2014). The court denied Toro Company's Rule 12(b)(6) motion to dismiss, so the plaintiff's asbestos claims against Toro go forward.
• Southern Bakeries, Inc. v. Knipp (Alabama Supreme Court, 2002). The Alabama Supreme Court reversed the trial court's partial denial of summary judgment, ruling for Southern Bakeries against Knipp and Branyon, and remanded for an order consistent with its opinion.
• Southern Wall Products v. Bolin (Florida District Court of Appeal, 4th District, 2018). The appeals court reversed the denial of Southern Wall Products' motion to dismiss for lack of personal jurisdiction and directed the trial court to dismiss SWP from the Bolins' suit.
• Spain v. Owens Corning Fiberglass Corp. (Illinois Appellate Court, 4th District, 1999). The appellate court affirmed the $1.8 million jury verdict for plaintiff Shirley Spain against Owens Corning Fiberglass, rejecting its challenges to causation, evidence exclusion, the jury instruction, and the denial of a new trial or remittitur.
• Sparkman v. AW Chesterton Company (U.S. District Court, District of South Carolina, 2014). The federal district court denied Research-Cottrell's motion for summary judgment, so the estate's claims against it go forward.
• Sparkman v. AW Chesterton Company (U.S. District Court, District of South Carolina, 2014). The district court granted Foster Wheeler's motion for summary judgment and its motion to strike an affidavit, ruling against the plaintiffs, the estate representatives of Elijah Sparkman, Jr., for lack of evidence of exposure to a Foster Wheeler asbestos product.
• Sparkman v. AW Chesterton Company (U.S. District Court, District of South Carolina, 2014). The court granted Goulds Pumps' motion for summary judgment against the estate's representatives, holding Goulds could not be liable for asbestos in insulation and gaskets it did not manufacture or supply.
• Sparkman v. Goulds Pumps, Inc. (U.S. District Court, District of South Carolina, 2015). The court granted the plaintiffs' motion for reconsideration on the bare metal defense and denied Goulds Pumps' motion for summary judgment, but declined to revisit its earlier finding on proof of exposure to Goulds products.
• Sparks v. Owens-Illinois, Inc. (California Court of Appeal, 1st Appellate District, 2nd Division, 1995). The Court of Appeal affirmed the judgment for Charles and Betty Sparks, upholding the jury's findings that Owens-Illinois's Kaylo insulation was defective and was 100 percent responsible, and holding that Owens-Illinois waived its claim to allocate fault to the Navy.
• Spaur v. Owens-Corning Fiberglas Corp. (Iowa Supreme Court, 1994). The Iowa Supreme Court affirmed the judgment for Marilyn Spaur and her husband's estate against Owens-Corning Fiberglas, including compensatory, loss of consortium and punitive damages.
• Speck v. CBS Corporation (U.S. District Court, Northern District of California, 2024). The court granted summary judgment to General Dynamics, Gould, Plenco, Union Carbide, Ericsson and RSCC Wire & Cable, and to Eaton on the fraud claims. It denied summary judgment to Bath Iron Works and Metalclad, rejected their government contractor defense, and denied Eaton's request on punitive damages.
• Speck v. Union Elec. Co. (Missouri Court of Appeals, Eastern District, 2nd Division, 1987). The appeals court reversed the trial court's dismissal of the wrongful death count against employer Union Electric and remanded so the children of Stephen Speck could replead; the claim over the initial illness stayed barred, but the concealment-of-health-information allegation might support a claim.
• Speck v. Union Elec. Co. (Missouri Supreme Court, 1987). The Missouri Supreme Court held that the trial court's designation of its dismissal of Count III as final under Rule 81.06 was effective and not an abuse of discretion, overruled Union Electric's motion to dismiss the appeal, and sent the case back to the Court of Appeals to decide the merits.
• Speedy v. 3M Company (U.S. District Court, Southern District of Illinois, 2015). The court granted the plaintiffs' motion and remanded the case to Madison County, Illinois state court because defendant Solar Turbines Incorporated filed its notice of federal officer removal after the 30-day deadline.
• Spillman v. Anco Insulations, Inc. (Louisiana Court of Appeals, 1st Circuit, 2008). The court of appeal affirmed the bench-trial judgment for Mr. Spillman's wife and daughter against Exxon, rejecting Exxon's workers' compensation immunity defense and upholding the $2,500,000 award, with Exxon's share set at $1,250,000.
• Spoonamore v. Armstrong World Industries, Inc. (U.S. District Court, Southern District of Indiana, 1999). The district court granted John Crane's motion for summary judgment, ruling against the Spoonamore plaintiffs on the product claims, the wrongful death claim and the loss of consortium claim.
• Spoonamore v. Armstrong World Industries, Inc. (U.S. District Court, Southern District of Indiana, 1999). The court amended its May 7, 1999 order and held that Indiana's ten-year statute of repose barred the Spoonamores' wrongful death and underlying product claims, so summary judgment stayed in place for Owens-Illinois and against the plaintiffs.
• Spoonamore v. Armstrong World Industries, Inc. (U.S. District Court, Southern District of Indiana, 1998). The district court granted John Crane's motion for summary judgment, ruling against the Spoonamore estate and Mrs. Spoonamore on their negligence, strict liability, wrongful death and loss of consortium claims.
• Sporio v. Wcab (Songer Const.) (Pennsylvania Supreme Court, 1998). The Pennsylvania Supreme Court reversed the Commonwealth Court and held that the widow, Madeline Sporio, could collect death benefits for her husband's mesothelioma death, against Songer Construction and the other employers.
• Sprague v. Abb, Inc. (New York Supreme Court, 2021). The court denied the Federal-Mogul Asbestos Personal Injury Trust's (as successor to Fel-Pro) motion for summary judgment, so plaintiff Lorraine Sprague's complaint and the cross-claims against Fel-Pro remain.
• Sprague v. Pfizer, Inc. (U.S. District Court, Western District of Washington, 2015). The district court denied the plaintiff's motion to certify questions to the Washington Supreme Court, granted Pfizer's motion for summary judgment because there was no evidence Pfizer was an apparent manufacturer under Restatement § 400, and dismissed the case.
• Springer v. Nohl Electric Products Corp. (Wisconsin Supreme Court, 2018). The Wisconsin Supreme Court reversed the court of appeals and held that summary judgment dismissing Powers Holdings and Fire Brick Engineers Company, Inc. was proper, so the widow, Penny Springer, lost her claims against them.
• Springer v. Nohl Electric Products Corporation (Wisconsin Court of Appeals, 4th District, 2016). The court of appeals reversed summary judgment for Powers Holdings, Inc. and Fire Brick Engineers Company, Inc. and remanded, finding a genuine factual dispute on whether the 1983 asset sale was fraudulent, in Springer's favor.
• Spurlin v. Air & Liquid Systems Corporation (U.S. District Court, Southern District of California, 2021). The district court denied the joint Rule 12(b)(1) motion of Warren Pumps, Foster Wheeler, IMO and Crane to dismiss for lack of subject matter jurisdiction based on Yearsley derivative sovereign immunity, so the Spurlins prevailed on the motion.
• Spurlin v. Air & Liquid Systems Corporation (U.S. District Court, Southern District of California, 2021). The court granted Tate Andale's summary judgment motion and all defendants' motion on punitive damages and loss of consortium, but denied the other equipment manufacturers' motion on duty to warn, causation and the government contractor defense, and on plaintiffs' cross-motion granted judgment for the Spurlins only on the sophisticated purchaser defense.
• Spychalla v. Boeing Aerospace Operations Inc. (U.S. District Court, Eastern District of Wisconsin, 2015). The district court denied summary judgment to Boeing, Cessna and General Electric, granted and denied the motions in limine in part, and allowed Boeing to file a late government contractor defense motion.
• Srite v. Owens-Illinois, Inc. (Texas Court of Appeals, 1993). The court of appeals affirmed the jury's zero past-damages awards for the workers and wives against Owens-Illinois, Fibreboard, Pittsburgh-Corning and Keene, but reversed the limitations bar against the Spikes plaintiffs and reversed the Burt and Friley judgments for a wrong prejudgment-interest start date, remanding each.
• Sroka v. Union Carbide Corp. (U.S. District Court, District of Maryland, 2015). The court granted the plaintiffs' motion to remand to Baltimore City Circuit Court, holding that Hopeman Brothers, Lofton Corp. and Wayne Manufacturing had not raised a colorable federal contractor defense to support federal officer removal.
• St. Romain v. Delta Southern Co., Inc. (Louisiana Court of Appeals, 1st Circuit, 2022). The court affirmed summary judgment for Liberty Mutual Insurance Co., which dismissed the St. Romain family's claims against it, and granted Liberty's answer to the appeal by vacating the trial court's findings that the policy was occurrence-based and ambiguous.
• St. Romain v. Delta Southern Co., Inc. (Louisiana Court of Appeals, 1st Circuit, 2021). The First Circuit dismissed the plaintiffs' appeal from the partial summary judgment ruling on Liberty Mutual's insurance coverage because the judgment lacked decretal language and was not a final appealable judgment; Liberty's answer to the appeal was also dismissed.
• Stadtler v. Aurora Pump Co. (Rhode Island Superior Court, 2022). The court granted the plaintiffs' motion to compel Westinghouse (Paramount Global) to produce documents about products it sold to the power stations where Ferguson worked before 1966, and denied Westinghouse's objection.
• Staiano v. Johns-Manville Corp. (Pennsylvania Superior Court, 1982). Affirmed summary judgment for the asbestos product manufacturer defendants, holding the Staianos' claims were barred by the two-year statute of limitations.
• Stallings v. Georgia Pacific Corp. (U.S. Court of Appeals, Sixth Circuit, 2017). The Sixth Circuit affirmed summary judgment for Georgia-Pacific against Carol Lee Stallings, because her experts' 'any exposure' testimony could not show that Georgia-Pacific's products were a substantial factor in her husband's mesothelioma.
• Stallings v. Georgia-Pacific Corporation (U.S. District Court, Western District of Kentucky, 2015). The district court granted summary judgment to Georgia-Pacific, IMO Industries, Crane Company, John Crane Inc. and CBS Corporation because the plaintiff could not show that any defendant's product was a substantial factor in causing Stallings's mesothelioma, and the plaintiff lost.
• Stallings v. Georgia-Pacific Corporation (U.S. District Court, Western District of Kentucky, 2013). The court denied the Stallings' motion to remand, keeping the case in federal court on General Electric's and Crane Company's federal officer removal.
• Stanley v. Ameren Illinois Co. (U.S. District Court, Northern District of Illinois, 2013). The court granted summary judgment to all four defendants (Ameren, MidAmerican, EECI and Sargent & Lundy) and against plaintiff Christine Stanley, on no-duty grounds for MidAmerican and EECI and the statute of repose for Ameren and Sargent & Lundy.
• Stansbury v. McCARTY Corporation (U.S. District Court, Eastern District of Louisiana, 2022). The federal district court granted Lennard Stansbury's motion to remand, declined to keep the state-law claims, and sent the case back to Orleans Parish Civil District Court over the opposition of Employers Insurance Company of Wausau.
• Stansbury v. McCARTY Corporation (U.S. District Court, Eastern District of Louisiana, 2022). The court granted third-party defendant MW Custom Papers' motion and dismissed, without prejudice, third-party plaintiff Albert L. Bossier, Jr.'s claims against it because no substitution motion was made within 90 days after the suggestion of death.
• Stansbury v. McCARTY Corporation (U.S. District Court, Eastern District of Louisiana, 2022). The court granted the motion of Bertram C. Hopeman and Liberty Mutual (as alleged insurer of Hopeman Brothers' executive officers) to dismiss plaintiff Stansbury's executive-officer negligence claims, unless he filed an amended complaint by July 8, 2022 curing the deficiencies.
• Stansbury v. McCARTY Corporation (U.S. District Court, Eastern District of Louisiana, 2022). The court denied plaintiff Stansbury's motion to remand, keeping the whole case in federal court after Avondale removed it, and ruled in favor of Avondale and Wausau.
• Starling v. Seaboard Coast Line R. Co. (U.S. District Court, Southern District of Georgia, 1982). The court dismissed the market share/industrywide liability, implied warranty and intentional tort counts in the asbestosis cases, in favor of the defendant manufacturers, but refused to dismiss the fraud count in the Buie and Starling cases.
• Starnes v. AO Smith Corporation (U.S. District Court, Western District of North Carolina, 2014). The court granted summary judgment to seven defendants (FMC/Crosby, FMC/Peerless, Sterling, Gardner Denver, Watts, Ingersoll Rand and Trane) because plaintiffs did not respond, and dismissed them from the case.
• Startley v. Welco Mfg. Co. (Illinois Appellate Court, 1st District, 2nd Division, 2017). The appellate court reversed the directed verdict that the trial court had entered for Welco Manufacturing Company and remanded for a new trial, which favors the Startley estate.