California Supreme Court: Asbestos Cases

Our case-law library holds 12 asbestos decisions from the California Supreme Court (1980–2020). Each links to our summary and the full opinion.

• State: California
• Kind of court: State supreme court

Decisions

• Hart v. Keenan Properties, Inc. (2020). The California Supreme Court reversed the Court of Appeal's judgment, which had overturned the plaintiffs' verdict against Keenan Properties, and remanded to the Court of Appeal to consider other unresolved contentions, so the Harts prevailed on the hearsay question.
• Kesner v. Superior Court and Haver (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.
• Webb v. Special Electric Company, Inc. (2016). The California Supreme Court affirmed the Court of Appeal, which had reversed the trial court's judgment notwithstanding the verdict for Special Electric; the jury verdict for plaintiffs William and Jacqueline Webb against Special Electric stands.
• O'neil v. Crane Co. (2012). The California Supreme Court reversed the Court of Appeal and remanded for entry of a judgment of nonsuit in favor of pump and valve makers Crane Co. and Warren Pumps, defeating the O'Neil family's strict liability and negligence claims.
• McCann v. Foster Wheeler, LLC (2010). The California Supreme Court reversed the Court of Appeal, holding that Oklahoma's statute of repose, not California law, governs the timeliness of McCann's claim against Foster Wheeler (a win for Foster Wheeler), and remanded to the Court of Appeal to decide whether the boiler was an improvement to real property.
• Kinsman v. Unocal Corporation (2005). The California Supreme Court affirmed in part the Court of Appeal's reversal of the jury verdict for Ray Kinsman against Unocal and remanded for a new trial, because the jury was not properly instructed that Unocal was liable only for a concealed hazard; it disapproved the Court of Appeal's narrower control-based rule.
• Hamilton v. Asbestos Corp., Ltd. (2000). The California Supreme Court reversed the Court of Appeal, holding that Mitchell's second action (for mesothelioma) was not time-barred and that Asbestos Corporation made a general appearance in the first action, so the plaintiffs prevailed on both issues; remanded to resolve remaining issues.
• Chevron USA, Inc. v. Wcab (1999). The California Supreme Court reversed the Court of Appeal, which had annulled the Workers' Compensation Appeals Board's death benefit award, and ordered the Board's award to widow Lucille Steele reinstated (except the statutory penalty), over Chevron's objection.
• Buttram v. Owens-Corning Fiberglas Corp. (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.
• Rutherford v. Owens-Illinois, Inc. (1997). The California Supreme Court reversed the Court of Appeal's judgment, which had ordered a new trial for Owens-Illinois. It held that the burden-shifting instruction was error but harmless, and that the tobacco company defense issue was controlled by Richards, so the plaintiffs' judgment against Owens-Illinois was not overturned.
• General Foundry Service v. Workers'comp. Appeals BD. (1986). The California Supreme Court reversed the Court of Appeal, which had annulled the Workers' Compensation Appeals Board's decision, and remanded to the Board so it could tentatively rate Jackson's permanent disability, order advances, reserve jurisdiction, and consider rehabilitation benefits. This favored the employee's position on reserving jurisdiction and rejected the Court of Appeal's approach.
• Johns-Manville Products Corp. v. Superior Court (1980). The California Supreme Court denied Johns-Manville's petition for a writ of mandate, leaving in place the trial court's denial of judgment on the pleadings, so the employee's fraud and conspiracy claims for aggravation of his asbestos disease could go forward against his employer.