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

Our case-law library holds 8 asbestos decisions from the U.S. Court of Appeals, Tenth Circuit (1988–2020). Each links to our summary and the full opinion.

• Kind of court: Federal appeals court

Decisions

• Little v. the Budd Company, Inc. (2020). The Tenth Circuit affirmed the judgment for Nancy Little against The Budd Company, holding Budd waived its Locomotive Inspection Act preemption theory and that the Safety Appliance Act does not preempt her state tort claims.
• Rohrbaugh v. Celotex Corp. (1995). The Tenth Circuit affirmed summary judgment for Owens-Corning Fiberglas, holding that its earlier decision was the law of the case and the plaintiffs, the daughters of Dorothy Palmer, offered no new evidence.
• Angelo v. Armstrong World Industries, Inc. (1993). The Tenth Circuit affirmed the denial of the Angelos' motion for a new trial and the judgment for the asbestos product defendants entered on the jury's phase-one verdict.
• O'banion v. Owens-Corning Fiberglas Corp. (1992). The Tenth Circuit affirmed the judgment entered on a jury verdict for Owens-Corning Fiberglas Corp. against Stanley and Louise O'Banion, finding no reversible error.
• Rohrbaugh v. Owens-Corning Fiberglas Corp. (1992). The Tenth Circuit vacated the judgment for the plaintiffs against Owens-Corning and Celotex because the jury instructions wrongly imposed a duty to warn Mrs. Palmer, and remanded for a new trial, so the defendants prevailed on appeal.
• Waller v. Pittsburgh Corning Corp. (1991). The Tenth Circuit affirmed summary judgment for defendants Pittsburgh Corning, John Crane and the other defendants, holding Larry Waller's action was barred by the Kansas statute of repose.
• Fisher v. Owens-Corning Fiberglass Corp. (1989). The Tenth Circuit affirmed the district court's dismissal, treated as summary judgment, holding that Fisher's 1986 mesothelioma suit was barred by his earlier release, so the asbestos defendants won and the Fishers lost.
• Menne v. Celotex Corp. (1988). The Tenth Circuit remanded for a new trial after a $2.5 million jury verdict for Menne's estate against Celotex, Eagle-Picher and Fibreboard, because the causation and state-of-the-art jury instructions were flawed.