U.S. District Court, Southern District of California: Asbestos Cases

Our case-law library holds 11 asbestos decisions from the U.S. District Court, Southern District of California (2012–2021). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Spurlin v. Air & Liquid Systems Corporation (2021). The district court denied the joint Rule 12(b)(1) motion of Warren Pumps, Foster Wheeler, IMO and Crane to dismiss for lack of subject matter jurisdiction based on Yearsley derivative sovereign immunity, so the Spurlins prevailed on the motion.
• Spurlin v. Air & Liquid Systems Corporation (2021). The court granted Tate Andale's summary judgment motion and all defendants' motion on punitive damages and loss of consortium, but denied the other equipment manufacturers' motion on duty to warn, causation and the government contractor defense, and on plaintiffs' cross-motion granted judgment for the Spurlins only on the sophisticated purchaser defense.
• Livernois v. National Ship and Shipbuilding Company (2018). The court granted plaintiff William Livernois's motion to voluntarily dismiss his action against NASSCO without prejudice, rejecting NASSCO's forum-shopping objection because NASSCO showed no cognizable prejudice.
• Walashek v. Air & Liquid Systems Corporation (2016). The district court granted summary judgment to Lamons Gasket Company and Parker-Hannifin Corporation because the plaintiffs lacked evidence that Walashek was exposed to asbestos from their products, and ordered final judgment for those defendants.
• Walashek v. Air Liquid Systems Corporation (2016). The court denied Foster Wheeler's motions (joined by other defendants) to exclude the opinions of plaintiffs' experts Dr. Fishbein and Dr. Holstein, so plaintiffs may present both experts.
• Grande v. Borg-Warner Morse Tec, Inc. (2014). The court denied Crane Co.'s motion for summary judgment on product exposure and punitive damages, so plaintiff Lisa Grande's wrongful death claims proceed, and granted Crane Co.'s unopposed request to sever punitive damages for trial.
• Willis v. Buffalo Pumps Inc. (2014). The court denied John Crane Inc.'s motion for summary judgment against Viola Willis on real-party-in-interest, causation and punitive damages grounds, leaving the claims for trial, and rejected its public policy argument as premature.
• Willis v. Buffalo Pumps Inc. (2014). The court granted Foster Wheeler summary judgment only on the plaintiff's false representation claim and denied its motion on all other claims, including exposure, causation, government contractor defense, sophisticated user defense, intentional failure to warn and punitive damages.
• Willis v. Buffalo Pumps Inc. (2014). The court denied Metalclad's summary judgment motion on causation because fact disputes existed, but granted it on punitive damages, dismissing that claim in favor of Metalclad; the remaining claims by Viola Willis proceed.
• Willis v. Buffalo Pumps, Inc. (2013). The district court denied the plaintiffs' motions to remand, holding the defendant pump and equipment makers properly removed the cases under the federal officer removal statute because they raised a colorable government contractor defense.
• Brantley v. Borg-Warner Morse Tec, Inc. (2012). The court denied Gerald Brantley's motion to remand, holding that Westinghouse and its co-defendants properly removed the case under the federal officer removal statute.