U.S. District Court, Eastern District of Missouri: Asbestos Cases

Our case-law library holds 26 asbestos decisions from the U.S. District Court, Eastern District of Missouri (2009–2024). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Guthe v. Johnson & Johnson (2024). The court granted PTI Union's motion to dismiss the strict liability, negligence and willful-and-wanton counts against it without prejudice, and denied its request for a stay without prejudice; the plaintiffs lost on the dismissed counts, though they may amend.
• Lindsey v. Dow Chemical Company (2021). The court held that Johnson & Johnson and Johnson Consumer properly removed the case on diversity grounds, dismissed the other defendants as fraudulently joined, and denied plaintiff Lindsey's motions for leave to amend, to remand, and for a hearing.
• Douglas v. Johnson & Johnson Consumer, Inc. (2020). The court granted Johnson & Johnson Consumer's motion and transferred the case from the Eastern District of Missouri to the Eastern District of Tennessee, over plaintiff Douglas's opposition.
• Douglas v. Imerys Talc America, Inc. (2019). The district court denied Johnson & Johnson's motion to dismiss for improper venue or transfer under § 1406, and granted plaintiff's voluntary dismissal without prejudice of Imerys Talc America, which lifted the bankruptcy stay.
• Douglas v. Imerys Talc America, Inc. (2019). The court denied plaintiff Douglas's motion to remand because complete diversity existed, and granted PTI Union's motion to dismiss the claims against it with prejudice, so PTI Union won and Douglas lost on both motions.
• Zurich American v. Insurance Co. of North America (2019). The court granted Insurance Company of North America's summary judgment motion, denied Zurich American's, and dismissed Zurich's contribution, subrogation and unjust enrichment claims with prejudice.
• MacCormack v. Ingersoll-Rand Company (2018). The federal district court granted Ingersoll-Rand's motion for summary judgment, holding that the representatives of Berj Hovsepian were barred by collateral estoppel from pursuing their claims, because a Massachusetts court had already granted Ingersoll-Rand summary judgment against Hovsepian.
• New Hampshire Insurance Company v. Pennington (2018). The court denied Pennington's challenge to personal jurisdiction and found subject-matter jurisdiction, but granted her motion to dismiss to the extent of abstaining and staying New Hampshire Insurance's declaratory judgment action in favor of the pending Missouri workers' compensation proceeding.
• Otten v. Liberty Mutual Insurance Company (2018). The court granted the Ottens' motion to remand and sent the case back to the Circuit Court of St. Louis City, Missouri, rejecting Liberty Mutual's arguments for diversity jurisdiction.
• Zurich American Insurance Company v. Insurance Company of North America (2018). On reconsideration, the court vacated its earlier pro rata ruling, granted summary judgment to Anheuser-Busch against Zurich's equitable claims, and reopened the Zurich v. INA dispute for further briefing.
• MacCormack v. Air & Liquid Systems Corporation (2017). The court granted Air & Liquid Systems Corporation (successor to Buffalo Pumps) summary judgment, holding the plaintiffs' claims against it were barred by collateral estoppel from an earlier Massachusetts judgment.
• MacCormack v. the Adel Wiggins Group (2017). The court granted Warren Pumps' motion to dismiss, holding that the plaintiffs' claims against it were barred by collateral estoppel because of a prior Massachusetts summary judgment in its favor.
• MacCormack v. the Adel Wiggins Group (2017). The court granted defendant CBS Corporation's motion to reconsider and, on reconsideration, found it lacked general or specific personal jurisdiction over CBS in Missouri, a loss for the plaintiffs.
• MacCormack v. the Adel Wiggins Group (2017). The court granted Crane Co.'s motion to dismiss, holding the plaintiffs' claims against Crane Co. barred by collateral estoppel because a Massachusetts court had already granted Crane Co. summary judgment on causation.
• Bristol v. Ford Motor Company (2016). The district court granted Plaintiff Nola Bristol's motion to remand to the Circuit Court for the City of St. Louis because Ford's removal came more than one year after the suit was filed and Ford did not show bad faith, but denied her request for costs, fees and sanctions against Ford.
• Harrison v. Volkswagen Group OF America, Inc. (2016). The district court found no subject matter jurisdiction because the Missouri defendant J.P. Bushnell was not fraudulently joined, rejected Volkswagen's removal, and remanded the case to the St. Louis state court, a win for the plaintiffs.
• Hartfield v. 3M Company (2016). The court granted plaintiff James Hartfield's motion to remand to Missouri state court, finding Dow Chemical did not show the Missouri defendant J.P. Bushnell was fraudulently joined, and denied his request for attorneys' fees.
• Hovsepian v. Crane Co. (2016). The court denied plaintiff Berj Hovsepian's motion to remand, so defendant Crane Co. kept the case in federal court after removing it under the federal officer removal statute.
• Hovsepian v. the Adel Wiggins Group (2016). The court granted defendant BW/IP's motion to dismiss, holding plaintiff Hovsepian's claims against it barred by collateral estoppel because a Massachusetts court had earlier granted BW/IP summary judgment on causation.
• Hovsepian v. the Adel Wiggins Group (2016). The court denied defendant CBS Corporation's motion to certify its personal-jurisdiction ruling for interlocutory appeal, so plaintiff Hovsepian prevailed on this motion.
• Zurich American Insurance Company v. Insurance Company of North America (2016). The court granted summary judgment to INA, finding its pro rata share of the $1.5 million settlement fell below its deductibles, and denied Zurich's and Anheuser-Busch's summary judgment motions, leaving Zurich's claim against Anheuser-Busch pending.
• Schaffer v. Air & Liquid Systems Corporation (2015). The district court granted plaintiff Ann Schaffer's motion to remand the case to Missouri state court, rejecting Exxon Mobil's removal, and denied her request for attorney's fees.
• Pickard v. Dap, Inc. (2014). The court rejected Union Carbide's claim that Missouri defendant Welco was fraudulently joined, found no removal jurisdiction, and remanded the case to the St. Louis City circuit court, a win for the plaintiffs.
• Brauer Supply Company 542 (G) Asbestos Personal Injury Trust v. Atlanta International Ins. Co. (2012). The district court denied the insurers' motions to strike and exclude the expert testimony of Dr. Gabrielson and Mr. Posner, so the Brauer Supply Trust won, and it gave the insurers extra time to depose Posner.
• Carey v. JP Bushnell Packing Supply Company (2011). The court granted the Careys' motion to remand to the Circuit Court of the City of St. Louis, finding MSA had not shown that J.P. Bushnell was fraudulently joined.
• Families for Asbestos Compliance Testing and Safety v. City of St. Louis (2009). After a bench trial, the court dismissed the citizen group FACTS's Clean Air Act claim against the City of St. Louis for lack of standing, so the City prevailed and no penalties or injunction were ordered.