U.S. Court of Appeals, Fifth Circuit: Asbestos Cases

Our case-law library holds 66 asbestos decisions from the U.S. Court of Appeals, Fifth Circuit (1973–2024). Each links to our summary and the full opinion.

• Kind of court: Federal appeals court

Decisions

• Marsh v. Chas Kurz & Company (2024). The Fifth Circuit affirmed the district court's exclusion of the plaintiffs' expert reports and its summary judgment for Chas Kurz, Chiquita, Farrell Lines and National Bulk Carriers, because there was no evidence Marsh was exposed to asbestos on their vessels.
• Barrosse v. Huntington Ingalls, Incorporated (2023). The Fifth Circuit reversed the district court's summary judgment for Huntington Ingalls (Avondale), holding Barrosse's state-law tort claims were not preempted by the LHWCA, and remanded for further proceedings in favor of the Barrosse plaintiffs.
• Williams v. Boeing Company (2022). The Fifth Circuit reversed summary judgment for Boeing on the survival action and remanded, directed the district court to reconsider the plaintiffs' request for more discovery, and affirmed dismissal of the wrongful death claims as time-barred.
• Williams v. Lockheed Martin Corporation (2021). The Fifth Circuit affirmed the district court's judgment for Lockheed Martin, holding that federal officer removal was proper, the discovery orders were not an abuse of discretion, summary judgment was correct, and the $10,000 sanction against plaintiffs' attorney stood.
• Williams v. Seidenbach (2021). The Fifth Circuit affirmed summary judgment for McCarty Corporation and Taylor Seidenbach, Inc. against the Williams children, after finding the case was properly removed and that no evidence tied either defendant's products to Williams' exposure.
• Adams v. Ethyl Corporation (2020). The Fifth Circuit affirmed the judgment for the Gaddy children against Ethyl Corporation, including the reduction of general damages to $3,000,000, and rejected both Ethyl's challenges and the plaintiffs' challenge to the jury's allocation of fault to Owens-Illinois.
• Bedford v. American Honda Motor Company (2020). The Fifth Circuit affirmed summary judgment for American Honda Motor Company, refusing to consider the plaintiffs' Lohrmann Test argument because they first raised it in a motion for reconsideration.
• Chevron Oronite Company, LLC v. Jacobs Field Services North America, Incorporated (2020). The Fifth Circuit affirmed the district court's judgment for Chevron, requiring Jacobs to indemnify Chevron for the full $550,000 Bourgeois settlement plus about $256,000 in attorney's fees and costs.
• Latiolais v. Huntington Ingalls, Incorporated (2020). The en banc Fifth Circuit vacated the district court's order remanding the case to state court and remanded for further proceedings in federal court, ruling for Avondale (Huntington Ingalls) and against Latiolais on removal.
• Williams v. Seidenbach (2020). The en banc Fifth Circuit held that the district court validly entered partial final judgment under Rule 54(b) for Taylor Seidenbach and McCarty, so the Williamses' appeal could proceed, and returned the cases to the panel for a ruling on the merits.
• Williams v. Taylor Seidenbach, Incorporated (2020). The en banc Fifth Circuit held that the district court properly entered partial final judgment under Rule 54(b) for Taylor Seidenbach and McCarty after the plaintiffs voluntarily dismissed the remaining defendants, so appellate jurisdiction existed, and returned the appeals to the panel to decide the merits.
• Latiolais v. Huntington Ingalls, Incorporated (2019). The Fifth Circuit affirmed the district court's order remanding the case to Louisiana state court, ruling for plaintiff Latiolais and against Avondale (Huntington Ingalls) because circuit precedent required a causal nexus that Avondale had not shown; one judge dissented.
• Schindler v. Dravo Basic Materials Company, Incorporated (2019). The Fifth Circuit affirmed the district court's exclusion of plaintiff Schindler's two specific-causation experts and its summary judgment for defendant Dravo Basic Materials.
• Williams v. Taylor Seidenbach, Incorporated (2019). The Fifth Circuit dismissed the plaintiffs' appeal for lack of appellate jurisdiction, so Taylor-Seidenbach and McCarty kept the MDL court's summary judgment; a later Rule 54(b) judgment did not cure the finality defect.
• Legendre v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit affirmed the district court's order remanding the case to Louisiana state court, ruling that Huntington Ingalls (Avondale) failed to show the causal nexus needed for federal officer removal, so the Legendre brothers prevailed.
• Melancon v. Lamorak Insurance Company (2018). The Fifth Circuit affirmed the district court's order remanding the case to Louisiana state court, ruling against Huntington Ingalls and the other defendants and for the Melancons.
• Morgan v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit vacated the district court's remand order, holding Huntington Ingalls (Avondale) removed on time, and remanded for the district court to decide the federal officer requirements; it dismissed Murphy Oil's appeal for lack of standing.
• Templet v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit affirmed the district court's order remanding Templet's asbestos suit to Louisiana state court, rejecting removal by Huntington Ingalls, Albert Bossier Jr. and Lamorak Insurance.
• Williams v. Taylor-Seidenbach, Incorporated (2018). The Fifth Circuit dismissed the Williams children's consolidated appeals against Taylor-Seidenbach, McCarty, Boeing and Lockheed Martin for lack of appellate jurisdiction because the district court never entered a final decision, so the defendants prevailed on the jurisdictional point.
• Davidson v. Georgia-Pacific, LLC (2016). The Fifth Circuit vacated the district court's judgment, which had denied remand and dismissed all claims, and remanded for an order sending the case back to state court, ruling for the Davidson plaintiffs over Georgia-Pacific, CertainTeed and the other defendants.
• Savoie v. Huntington Ingalls, Incorporated (2016). The Fifth Circuit vacated the district court's order remanding the case to state court, holding the shipyard showed a causal nexus for the survival strict liability claims, and remanded for the district court to decide whether the shipyard has a colorable federal defense; the Savoie family lost on the remand ruling.
• Wilde v. Huntington Ingalls, Incorporated (2015). The Fifth Circuit denied Huntington Ingalls' motion to stay the district court's order remanding the asbestos case to Louisiana state court, so Wilde prevailed on the stay motion, without prejudice to the merits panel's review.
• In re Placid Oil Co. (2014). The Fifth Circuit affirmed summary judgment for Placid Oil, holding the Williams family's pre-confirmation claims over Mrs. Williams's asbestos-related death were discharged in Placid's bankruptcy; the Williams family lost.
• Riverwood International Corp. v. Employers Insurance of Wausau (2005). The Fifth Circuit affirmed summary judgment for Employers Insurance of Wausau, holding that Riverwood (Graphic Packaging) was not entitled to coverage for settled employee asbestos claims because the thirty-six month exclusion applied.
• New Orleans Stevedores v. Ibos (2003). The Fifth Circuit affirmed the Benefits Review Board's ruling that New Orleans Stevedores was the responsible employer, but reversed the ruling giving it a credit for the widow's settlements with two earlier employers, and remanded.
• Arnold v. Garlock, Inc. (2001). The Fifth Circuit denied Garlock's motions to stay the district courts' remand and dismissal orders pending appeal and dissolved its temporary stays, so the plaintiffs won and Garlock lost.
• Guaranty Nat. Ins. Co. v. Azrock Industries Inc. (2000). The Fifth Circuit reversed summary judgment for Guaranty National Insurance on its duty to defend and indemnify Azrock (except for one property damage claim, where it affirmed) and remanded to apply the exposure trigger.
• Cimino v. Raymark Industries, Inc. (1998). The court reversed the judgments against Pittsburgh Corning in the 143 phase III sample cases and 5 extrapolation cases, affirmed the nine class-representative judgments except for the prejudgment interest start date, and reversed the judgments against Asbestos Corporation Limited, rendering judgment for it.
• In re Asbestos Litigation (1998). On remand from the Supreme Court for reconsideration in light of Amchem, the Fifth Circuit again affirmed the district court's judgment approving the Fibreboard class action settlements, rejecting the objecting appellants' challenge; one judge dissented.
• Johnstone v. American Oil Co. (1993). The Fifth Circuit reversed the magistrate judge's judgment notwithstanding the verdict for the Johnstone plaintiffs and remanded for entry of judgment for Keene Corporation in accordance with the jury's verdict; it did not reach the settlement set-off issue.
• Watkins v. Fibreboard Corp. (1993). The Fifth Circuit affirmed the district court's judgment awarding the four plaintiffs mental anguish damages against Pittsburgh Corning, rejecting Pittsburgh Corning's challenge.
• Slaughter v. Southern Talc Co. (1991). The Fifth Circuit reversed summary judgment for Owens-Corning Fiberglas and remanded for trial, affirmed summary judgment for Southern Talc, and reinstated the order letting Mrs. Moran and Mrs. Green substitute for their deceased husbands.
• In re Fibreboard Corp. (1990). The Fifth Circuit granted the defendants' (Fibreboard, Pittsburgh Corning and ACandS) petitions for mandamus, vacated the district court's Phase II trial order for 3,031 asbestos cases, and remanded, while allowing Phase I to proceed.
• King v. Armstrong World Industries, Inc. (1990). The Fifth Circuit affirmed the judgment for the plaintiffs against Celotex, including the 55% apportionment of causation and the punitive damages award, rejecting Celotex's challenges to three evidentiary rulings.
• Jourdan v. Equitable Equipment Co. (1989). The Fifth Circuit affirmed the district court's judgment enforcing the Supplemental Order of Default against Equitable Equipment Co. for death benefits owed to Mrs. Jourdan, rejecting Equitable's Rule 4, statutory and due process challenges.
• Hardy v. Johns-Manville Sales Corp. (1988). The Fifth Circuit reversed the judgments for the five plaintiffs against Armstrong World Industries, Raymark, Keene and the other defendant-appellants, and remanded for a new trial.
• Whatley v. Armstrong World Industries, Inc. (1988). The Fifth Circuit affirmed the verdict for Whatley against Raymark and the $120,000 future medical award, but modified the judgment to raise Raymark's share from 9.09% to 27.27% of damages because Raymark failed to prove fault by settling defendants Owens-Illinois and Armstrong.
• Jackson v. Johns-Manville Sales Corp. (1986). The en banc Fifth Circuit affirmed the district court's judgment for plaintiff Jackson against Johns-Manville and Raybestos-Manhattan, including compensatory and punitive damages.
• Jenkins v. Raymark Industries, Inc. (1986). The Fifth Circuit affirmed the district court's certification of a Rule 23(b)(3) class of asbestos personal injury plaintiffs on common issues, rejecting the thirteen defendant manufacturers' challenges.
• Dartez v. Fibreboard Corp. (1985). The Fifth Circuit vacated the $200,000 jury judgment for Dartez and remanded for a new trial against Celotex, Fibreboard, Owens-Illinois and Pittsburgh Corning, but reversed the judgment against Raymark and dismissed it from the case.
• Gideon v. Johns-Manville Sales Corp. (1985). The Fifth Circuit affirmed the jury verdict for plaintiff Gideon against five asbestos manufacturers, reversed it and entered judgment for defendants Raymark and Standard Insulations, and remanded for the damages to be recalculated.
• Gifford v. National Gypsum Co. (1985). The Fifth Circuit affirmed the magistrate's judgment of $80,000 for Vera Gifford against National Gypsum, finding no clear error in the findings that asbestos cement flatsheet was used and was sold by National Gypsum.
• Graffagnino v. Fibreboard Corp. (1985). The Fifth Circuit affirmed the dismissal with prejudice of all defendants, holding that the widow's wrongful death and survival claims were barred by the 1981 release for released defendants and by the release's assignment for unreleased defendants.
• Halphen v. Johns-Manville Sales Corp. (1985). The en banc Fifth Circuit certified a question to the Louisiana Supreme Court asking whether a strict products liability manufacturer may avoid liability by showing it did not and could not have known of its product's danger; it did not decide the appeal between Halphen and Johns-Manville.
• Jackson v. Johns-Manville Sales Corp. (1985). The en banc Fifth Circuit declined to create federal common law for asbestos cases, reinstated parts of the panel opinion, and certified the questions on punitive damages, mental anguish and probable future cancer damages to the Mississippi Supreme Court, leaving the Jackson judgment against Johns-Manville and Raybestos-Manhattan unresolved pending that answer.
• Martin v. American Petrofina, Inc. (1985). The Fifth Circuit affirmed denial of Benjamin Foster's motion for judgment notwithstanding the verdict (a win for Martin), but reversed the reduction by proportionate fault and remanded for judgment reduced by the settling defendants' pro rata shares (14/15), a win for Martin on the cross-appeal.
• Rosenberg v. Celotex Corp. (1985). The Fifth Circuit affirmed the district court's dismissal of Barbara Rosenberg's wrongful death suit against Celotex and the other defendants, because she had no valid cause of action under New York law or under the Texas wrongful death statute.
• Adams v. Johns-Manville Sales Corp. (1984). The Fifth Circuit affirmed the judgment on the jury verdict for defendants Eagle-Picher, GAF, Fibreboard and Celotex, upholding exclusion of cancer-risk evidence, the jury instructions, and denial of a new trial against plaintiff Adams.
• Asbestos Information Ass'n/North America v. Osha (1984). The Fifth Circuit held OSHA's Emergency Temporary Standard lowering the asbestos exposure limit from 2.0 to 0.5 f/cc invalid, ruling for the Asbestos Information Association and other petitioners against OSHA.
• Belton v. Fibreboard Corp. (1984). The Fifth Circuit reversed the judgment for plaintiffs Belton and Crochet against Pittsburgh Corning and remanded for a new trial, because the trial court revealed settlement amounts to the jury and commented on the damages amount.