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

Our case-law library holds 31 asbestos decisions from the U.S. Court of Appeals, Ninth Circuit (1986–2025). Each links to our summary and the full opinion.

• Kind of court: Federal appeals court

Decisions

• Long v. Foster Wheeler Energy Corporation (2025). The Ninth Circuit affirmed the district court's order remanding Richard Long's case to Oregon state court, rejecting Foster Wheeler's federal officer removal and admiralty jurisdiction arguments.
• Elorreaga v. Viacomcbs Inc. (2024). The Ninth Circuit reversed the district court's partial summary judgment for the Elorreaga plaintiffs and its denial of summary judgment to ViacomCBS, Air & Liquid Systems and Warren Pumps, and remanded for the district court to consider the Yearsley government contractor defense.
• Deem v. William Powell Co. (2022). The Ninth Circuit reversed the district court's dismissal of Sherri Deem's maritime wrongful death claim as time-barred against The William Powell Co., John Crane, and Crosby Valve, and remanded; the claim accrued at death, not at diagnosis.
• Atchinson v. Howmet Aerospace, Inc. (2021). The Ninth Circuit affirmed summary judgment for Alcoa (Howmet Aerospace) against the estate of Clinton Casey, upheld the denial of certification to the Washington Supreme Court, and denied the renewed certification motion.
• Dietrich v. Boeing Company (2021). The Ninth Circuit reversed the district court's order remanding the case to state court, finding Boeing's federal officer removal timely, vacated the $3,500 fee award to plaintiff Dietrich, and remanded.
• Jack v. Dco, LLC (2021). The Ninth Circuit affirmed summary judgment for Union Pacific Railroad and judgment as a matter of law for Ford and DCo, so the Jacks lost on all claims.
• Varney v. Goodyear Tire & Rubber Company (2021). The Ninth Circuit affirmed summary judgment for the defendants (Goodyear, Crosby Valve, John Crane, Flowserve, Weir Valves, Warren Pumps) against Maria Varney, holding the district court did not abuse its discretion in excluding Donald Varney's declaration.
• Viale v. Foster Wheeler, LLC (2021). The Ninth Circuit affirmed summary judgment for Foster Wheeler and Exxon Mobil, rejecting the claims of Debbie Viale and Amber Jacobs for lack of evidence of exposure to Foster Wheeler products or Exxon-caused exposure.
• Stephens v. Union Pacific R. Co. (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.
• City of Phoenix v. First State Insurance Company (2018). The Ninth Circuit affirmed summary judgment for the Hartford insurers against the City of Phoenix, holding Hartford owed the City neither indemnity nor defense costs for its $500,000 settlement of the Tarazon asbestos claims.
• Coulbourn v. Crane Co. (2018). The Ninth Circuit affirmed the jury verdict and the denial of judgment as a matter of law, leaving Crane Co. liable for $1.8 million in compensatory damages and $5 million in punitive damages to the Coulbourn plaintiffs.
• Zanowick v. Baxter Healthcare Corporation (2017). The Ninth Circuit affirmed the district court's order granting the Zanowicks' motion to voluntarily dismiss without prejudice, rejecting Baxter Healthcare and Fisher Scientific's argument that Rule 25(a)(1) required dismissal with prejudice.
• Botts v. US (2016). The Ninth Circuit reversed the district court's grant of summary judgment to the United States and remanded for further proceedings, siding with Roger and Carol Botts.
• Boyd v. Warren Pumps, LLC (2016). Affirmed summary judgment for Warren Pumps and Air & Liquid Systems (successor to Buffalo Pumps) on the USS Gainard replacement-parts claim, but reversed and remanded on the USS McCain claim about spare packing and gaskets supplied with the original pumps, so Boyd partly won and partly lost.
• McINDOE v. Huntington Ingalls Incorporated (2016). The Ninth Circuit affirmed summary judgment for shipbuilders Huntington Ingalls and Bath Iron Works against the heirs of James McIndoe, holding the warships were not products for strict liability and the heirs could not show substantial-factor causation.
• Curtis v. Abb Incorporated (2015). The Ninth Circuit vacated the district court's summary judgment for ABB, Eaton and Schneider Electric and remanded for further proceedings, ruling for plaintiff Christopher Curtis on the exposure and product identification question.
• Sequira v. 3M Company (2015). The Ninth Circuit affirmed summary judgment for Lockheed Martin (government contractor defense) and for United Technologies, successor to Pratt & Whitney (no expert evidence of causation), against plaintiff Joni Sequira.
• Estate of Barabin v. AstenJohnson, Inc. (2014). The en banc Ninth Circuit vacated the jury judgment for the Barabins against AstenJohnson and Scapa and remanded for a new trial, because the district court admitted expert testimony without making the required relevance and reliability findings.
• Leite v. Crane Co. (2014). The Ninth Circuit affirmed the district courts' denial of the plaintiffs' motions to remand, holding Crane Co. had shown by a preponderance of the evidence a colorable government contractor defense and a causal nexus supporting federal officer removal.
• US v. Yi (2013). The Ninth Circuit affirmed Charles Yi's conviction and 48-month sentence for conspiracy to violate the Clean Air Act, rejecting his challenges to the deliberate ignorance jury instruction and the two sentencing enhancements; the United States prevailed.
• Barabin v. AstenJohnson, Inc. (2012). The Ninth Circuit vacated the judgment for Henry and Geraldine Barabin against AstenJohnson and Scapa and remanded for a new trial because the district court admitted expert testimony without making Daubert reliability determinations.
• Albina Engine & Machine v. Director, Owcp (2010). The Ninth Circuit granted Albina's petition for review and reversed the Benefits Review Board, holding that Lockheed, the last employer, was liable for the widow's death benefits.
• US v. WR Grace & Co. (2005). The Ninth Circuit affirmed the judgment for the United States against W.R. Grace and its affiliates, upholding the EPA's recovery of about $54.5 million in Libby cleanup costs and a declaration that Grace is liable for future costs.
• US v. Pearson (2001). The Ninth Circuit affirmed Thomas Pearson's Clean Air Act conviction and sentence for supervising asbestos removal in violation of work practice standards, rejecting his challenges to the jury instructions, the limits on his direct testimony, and the sentencing enhancements.
• US v. Trident Seafoods Corp. (1995). The Ninth Circuit reversed the district court's $64,750 civil penalty against Trident Seafoods, holding the notice violation was a single violation, and remanded for a penalty of no more than $25,000, a win for Trident over the United States.
• Cretan v. Bethlehem Steel Corp. (1993). The Ninth Circuit held that the widow and daughter were subject to sections 33(f) and 33(g) of the LHWCA, which together barred recovery from Bethlehem Steel; it affirmed the Board's full set-off for Bethlehem, reversed its holding that 33(g) did not apply, and remanded.
• Force v. Director, Owcp, Dept. of Labor (1991). The Ninth Circuit affirmed in part and reversed in part the Benefits Review Board's order, holding Kaiser may offset all types of third-party damages but must prove what part of the family settlement belongs to the claimant, and remanded to the ALJ for retrial on apportionment.
• Sawyer v. Fibreboard Corp. (In re Hawaii Federal Asbestos Cases) (1991). The Ninth Circuit affirmed the judgments entered on jury verdicts for the plaintiffs in all four cases, rejecting the appeals of Fibreboard and Owens-Illinois.
• White v. Celotex Corp. (1990). The Ninth Circuit affirmed summary judgment for Celotex and the other asbestos defendants against the widow and son of Edward White, and upheld the denial of certification of the market share liability question to the Arizona Supreme Court.
• Smith v. US (1989). The Ninth Circuit affirmed the dismissal of both of Dorothy Smith's suits against the United States for lack of subject matter jurisdiction, ruling for the United States.
• Kisor v. Johns-Manville Corp. (1986). The Ninth Circuit reversed the judgment entered on a jury verdict for Owens-Illinois and remanded for a new trial, ruling for Kisor's estate, because the district court wrongly admitted evidence of the manufacturer's knowledge and refused her instruction.