Asbestos Cases A–Z: S

338 decisions whose name begins with S.

• State EX rel. Abex Corp./electro Alloys Div. v. Indus. Comm. OF Ohio (Ohio Court of Appeals, 10th Appellate District, 2005). The court granted a limited writ of mandamus for the employer Abex/Electro Alloys, ordering the Industrial Commission to vacate its finding that Abex was the sole liable employer, notice the claimant's other former employers, and issue an amended order on employer liability, while leaving the mesothelioma claim allowance undisturbed.
• State Ex Rel. Allman v. MacQueen (West Virginia Supreme Court of Appeals, 2001). The West Virginia Supreme Court treated the petition as one for mandamus and granted the writ as modified, requiring the trial judge's asbestos master case management plan to be supplemented with an additional supervising judge and further trial-group planning, while leaving the plan in force.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (Ohio Supreme Court, 2016). The Ohio Supreme Court affirmed the court of appeals' denial of Robert Boyd's mandamus petition, leaving in place the Industrial Commission's denial of permanent-total-disability benefits, so Scotts Miracle-Gro and the Commission prevailed.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (Ohio Court of Appeals, 10th Appellate District, 2015). The court overruled Boyd's objections, adopted the magistrate's decision, and denied his request for a writ of mandamus, so the Industrial Commission's denial of permanent total disability compensation stood, in favor of the Commission and Scotts.
• State EX rel. Ford Motor Company v. Nixon (Missouri Court of Appeals, Western District, 2007). The Court of Appeals made absolute its writ of prohibition, barring the Jackson County circuit court from proceeding on the workplace injury claims against Ford and F.X. Scott and directing dismissal of Counts IV, V and the related part of Count VI without prejudice, so Ford and Scott won and the Dietikers lost.
• State EX rel. General Motors Company v. Webster (Ohio Court of Appeals, 10th Appellate District, 2014). The court overruled General Motors' objections, adopted the magistrate's decision, and denied GM's request for a writ of mandamus, leaving the Industrial Commission's death benefit award to the widow, Dionicia Webster, at the statewide maximum of $775 per week.
• State ex rel. Hiatt v. Indus. Comm. (Ohio Supreme Court, 2003). The Ohio Supreme Court affirmed the court of appeals' denial of a writ of mandamus, upholding the Industrial Commission's award of only the statutory minimum death benefit to the widow, Hiatt, over her claim for a higher award.
• State ex rel. Hubbard v. Indus. Comm. (Ohio Supreme Court, 2002). The Ohio Supreme Court granted the widow's writ of mandamus, ordering the Industrial Commission to vacate its abatement order and reactivate the claim to determine benefits owed for April 23, 1999 through January 14, 2000.
• State EX rel. Kcp&l Greater Missouri Operations Company v. Cook (Missouri Court of Appeals, Western District, 2011). The en banc Western District quashed its preliminary writ of prohibition, leaving in place the circuit court's denial of KCP&L's summary judgment motion, so Gunter (the worker) may pursue his common-law claims against KCP&L; two judges dissented.
• State EX rel. Koepf v. Industrial Commission of Ohio (Ohio Court of Appeals, 10th Appellate District, 2019). The Tenth District overruled the widow's objections, adopted the magistrate's decision, and denied her request for a writ of mandamus, leaving the Industrial Commission's denial of loss-of-use compensation in place (Commission and Union Oil prevailed).
• State ex rel. Liposchak v. Indus. Comm. (Ohio Supreme Court, 1995). The Ohio Supreme Court granted a writ of mandamus, ordering the Industrial Commission to vacate its denial of permanent total disability compensation and to declare claimant Liposchak permanently and totally disabled, ruling against the commission.
• State ex rel. Maynard v. Indus. Comm. (Ohio Supreme Court, 2002). The Ohio Supreme Court denied the widow's request for a writ of mandamus, leaving the Industrial Commission's refusal to raise her weekly death benefit to the statutory maximum in place.
• State EX rel. Pilkington N. AM. v. Indus. Comm. (Ohio Court of Appeals, 10th Appellate District, 2007). The court adopted its magistrate's decision and granted a writ of mandamus ordering the Industrial Commission to vacate the order placing 100 percent of risk liability on Pilkington as a self-insured employer and to issue an amended allocation order; Pilkington largely won, but its request to assign the claim wholly to the state fund was denied.
• State EX rel. Pilkington North America, Inc. v. Indus. Comm. (Ohio Supreme Court, 2008). The Ohio Supreme Court reversed the court of appeals' mandamus grant and held that the Industrial Commission did not abuse its discretion in naming Pilkington, successor to Libbey Owens Ford's self-insured claims, as the amenable employer, so the commission prevailed over Pilkington.
• State EX rel. Qunicel v. Indus. Comm. (Ohio Court of Appeals, 10th Appellate District, 2012). The court overruled the claimant's objections, adopted the magistrate's decision, and denied Gerald Quincel's mandamus request against the Industrial Commission and DuPont, leaving the denial of his change-of-occupation award in place.
• State EX rel. Roger Bacon High School v. Indus. Comm. OF Ohio (Ohio Court of Appeals, 10th Appellate District, 2011). The court denied Roger Bacon High School's request for a writ of mandamus, leaving in place the Industrial Commission's award of death benefits to the widow of Patrick Mullaney.
• State ex rel. Thompson v. Ohio Edison Co. (Ohio Supreme Court, 1999). The Ohio Supreme Court affirmed the court of appeals' judgment, upholding the Industrial Commission's minimum-level death benefit award and ruling against the claimant widow and in favor of Ohio Edison and the Commission.
• State Farm Mut. Auto. Ins. Co. v. WR Grace & Co. (U.S. District Court, Central District of Illinois, 1993). The district court denied W.R. Grace's motions for judgment as a matter of law and for a new trial, leaving State Farm's $17,889,632.47 jury award (with State Farm found 30 percent negligent) in place.
• State Indus. Ins. System v. Jesch (Nevada Supreme Court, 1985). The Nevada Supreme Court affirmed in part the district court's ruling for widow Margaret Jesch against the State Industrial Insurance System, holding mesothelioma compensable, and remanded for a hearing to identify the responsible last employer.
• State v. Harenda Enterprises, Inc. (Wisconsin Supreme Court, 2008). The Wisconsin Supreme Court reversed the court of appeals and reinstated the circuit court's summary judgment for the State against Harenda Enterprises, holding that a single layer of a multi-layer sample with more than one percent asbestos makes the material ACM.
• Staubs v. CSX Transportation, Inc. (Maryland Court of Special Appeals, 2021). The Court of Special Appeals reversed the circuit court's dismissal of Mary Staubs's FELA suit against CSX Transportation on res judicata grounds and remanded for further proceedings, so the plaintiff won.
• Stauder v. Shell Oil Company (Louisiana Court of Appeals, 4th Circuit, 2024). On remand from the Louisiana Supreme Court, the court of appeal affirmed the judgment, entered on a jury verdict, awarding $2,750,000 in wrongful death damages to each daughter, so Union Carbide lost its challenge to the amount.
• Stauder v. Shell Oil Company (Louisiana Court of Appeals, 4th Circuit, 2023). The court affirmed the judgment awarding each Stauder sister $2.75 million in wrongful death damages against Union Carbide and the award of judicial interest running from the original 2016 petition, rejecting Union Carbide's challenges.
• Stearns v. Metropolitan Life Insurance Co. (U.S. District Court, District of Massachusetts, 2018). The court denied General Electric's summary judgment motion on the main negligence, warranty and gross negligence counts because the Massachusetts statute of repose did not bar them, allowed it on the naval-exposure and separate punitive damages counts, and allowed NSTAR Electric's motion on all counts.
• Stearns v. Metropolitan Life Insurance Company (Massachusetts Supreme Judicial Court, 2018). Answering a question certified by the federal district court, the court held that the six-year statute of repose in G. L. c. 260, § 2B bars the estate's asbestos tort claims against General Electric, even though the disease has a long latency and GE had control of the site; this favored GE and went against the Oliver estate.
• Steib v. Lamorak Insurance Company (Louisiana Court of Appeals, 4th Circuit, 2021). The court of appeal affirmed the summary judgment dismissing Parsons Government Services and Marathon Petroleum from the Steib family's wrongful death and survival suit, so the plaintiffs lost against those two defendants.
• Stein v. Pfizer Inc. (Maryland Court of Special Appeals, 2016). The Court of Special Appeals affirmed the Baltimore City circuit court's summary judgment for Pfizer, holding Pfizer was not an "apparent manufacturer" of Insulag, and denied the Stein family's motion for judicial notice.
• Steiner v. Hollingsworth & Vose Company (Pennsylvania Superior Court, 2018). The Superior Court quashed R.J. Reynolds' appeal from an order compelling production of litigation lists, ruling the order was not a collateral order, so Plaintiff Steiner prevailed on jurisdiction; the appellate stay was vacated.
• Steiner v. Volkswagen Group OF America, Inc. (California Court of Appeal, 2nd Appellate District, 6th Division, 2013). The Court of Appeal affirmed the defense jury verdict for Volkswagen, Ford, Nissan and Pneumo-Abex against Steiner's widow, and affirmed the order striking Volkswagen's and Ford's expert witness fees.
• Stellar v. Allied Signal, Inc. (U.S. District Court, Eastern District of Pennsylvania, 2015). The court granted the plaintiffs' motion to remand to the Northampton County Court of Common Pleas, rejecting Mack Trucks' argument that the claims were completely preempted by § 301 of the Labor Management Relations Act.
• Stephens v. AW Chesterton, Inc. (U.S. District Court, Southern District of Illinois, 2009). The district court granted plaintiff Michael Stephens's motion to remand and sent the case back to Madison County, Illinois state court, because Foster Wheeler failed to establish federal officer removal jurisdiction.
• Stephens v. Union Pacific R. Co. (U.S. Court of Appeals, Ninth Circuit, 2019). The Ninth Circuit affirmed summary judgment for Union Pacific Railroad and against William and Norma Stephens, because Stephens did not show that exposure attributable to Union Pacific was a substantial factor in causing his mesothelioma.
• Stephens v. Union Pacific Railroad Company (U.S. District Court, District of Idaho, 2018). The court denied Union Pacific's motion for judgment on the pleadings because it had waived its preemption defense, but granted Union Pacific summary judgment because the Stephenses lacked evidence of exposure and causation, and denied the Stephenses' cross-motion.
• Stevens v. Air & Liquid Systems Corporation (U.S. District Court, District of Rhode Island, 2017). The court accepted the magistrate judge's recommendation and denied Foster Wheeler's motion for summary judgment on the bare metal, sophisticated user, government contractor and loss of consortium issues, so the plaintiff's claims against Foster Wheeler continue.
• Stevens v. CBS Corporation (U.S. District Court, Western District of Washington, 2012). The district court denied the summary judgment motions of CBS Corporation (as Westinghouse's successor), Warren Pumps, LLC and Cleaver-Brooks, Inc., so Roland and Shirley Stevens' claims go forward.
• Stevens v. CBS Corporation (U.S. District Court, Western District of Washington, 2012). The court granted in part and denied in part the plaintiffs' motions to compel discovery from Carrier, IMO Industries and Warren Pumps, limiting most requests to equipment on the Navy and PSNS vessels Mr. Stevens worked on between 1954 and 1984.
• Stevenson v. Cyprus Amax Minerals Co. (U.S. District Court, Middle District of Florida, 2018). The court granted Imerys Talc America's summary judgment motion for lack of specific personal jurisdiction in Florida and dismissed the action against Imerys; the plaintiff lost as to Imerys.
• Stevenson v. Keene Corp. (New Jersey Superior Court, Appellate Division, 1992). The Appellate Division affirmed the trial judge's in limine ruling for plaintiff Muriel Stevenson that asbestos tort cases fall within the 'environmental tort action' exception, so defendant Porter-Hayden remains jointly and severally liable, and remanded for further proceedings.
• Stewart v. AO Smith Water Products (New York Supreme Court, 2010). The court granted Parker Hannifin's motion for summary judgment and dismissed the Stewarts' complaint and all cross claims against it, because plaintiffs failed to identify an asbestos-containing Parker Hannifin product; the action continues against other defendants.
• Stewart v. Aurora Pump Company (U.S. District Court, Middle District of North Carolina, 2017). The magistrate judge recommended granting Kelly-Moore Paint Company's motion to dismiss Mary Lou Stewart's individual loss of consortium claim, because North Carolina law requires it to be brought under the wrongful death statute.
• Stewart v. Union Carbide Corporation (California Court of Appeal, 2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed judgment for Union Carbide, upholding summary adjudication that Janet Stewart's loss of consortium claim was barred by res judicata and the setoff of her husband's asbestos trust settlements against her entire economic damages award.
• Stewart v. Union Carbide Corporation (California Court of Appeal, 2nd Appellate District, 5th Division, 2010). The Court of Appeal affirmed the judgment for Larry and Janet Stewart against Union Carbide, including the $6 million punitive damages award, rejecting all of Union Carbide's challenges.
• Stiglitz v. AO Smith Water Prods. Co. (New York Supreme Court, 2024). The trial court denied general contractor Morse Diesel's motion for summary judgment in its entirety, so the plaintiff's claims against it go forward.
• Stimson v. AO Smith Corporation (Delaware Superior Court, 2020). The court denied plaintiff Janet Stimson's motion for a new trial after a jury verdict for defendant Cleaver-Brooks, finding the verdict not against the weight of the evidence and the jury-confusion argument unpreserved and meritless.
• Stitt v. Burham Corp. (New York Supreme Court, 2013). The court denied the Stitts' motion to vacate the Special Master's recommendation, confirmed it, refused to place the case on the October 2013 In-Extremis cluster, and ordered it onto the FIFO docket, in favor of defendant Georgia-Pacific.
• Stockton v. Ford Motor Company (Tennessee Court of Appeals, 2017). The Court of Appeals vacated the $3.4 million judgment for Joyce and Ronnie Stockton against Ford Motor Company and remanded, because the jury instructions and verdict form omitted required questions on whether the product was defective or unreasonably dangerous and whether the injury was foreseeable.
• Stonewall Ins. Co. v. Asbestos Claims Management (U.S. Court of Appeals, Second Circuit, 1995). The Second Circuit affirmed most of the district court's coverage judgments for National Gypsum (ACMC) against its liability insurers, but reversed four rulings (including ACIC's estoppel inclusion, proration to NGC for post-1985 years, the single-occurrence ruling for building claims, and the Texas Endorsement defense-cost ruling) and remanded the cancer-trigger finding.
• Storer v. Crown Cork & Seal Company (U.S. District Court, Western District of Louisiana, 2017). The magistrate judge granted plaintiffs' third motion to compel Trane US, Inc.'s Rule 30(b)(6) deposition, overruled Trane's objections, and ordered a prepared witness, a $2,000 fee payment and reimbursement of deposition costs.
• Storer v. Crown Cork & Seal Company, Inc. (U.S. District Court, Western District of Louisiana, 2017). The court denied Trane US, Inc.'s motion for partial summary judgment on economic damages, leaving the plaintiffs' claims for lost earnings and loss of support, including income through the Company, for the jury.
• Storey v. AO Smith Water Products Co. (New York Supreme Court, 2015). The court denied defendant Goodrich Corporation's motion for summary judgment, so plaintiff John Storey's claim against Goodrich continues.