U.S. District Court, Western District of Kentucky: Asbestos Cases

Our case-law library holds 19 asbestos decisions from the U.S. District Court, Western District of Kentucky (2007–2024). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• Brewer v. Air Products and Chemicals, Inc. (2024). The court granted in part and denied in part defendant BOC's motion for orders to obtain records: it will order the Social Security Administration to release the former husbands' records limited to the periods of marriage to Brewer, but denied orders directed to the Kentucky workers' claims department, employers and medical providers.
• Papineau v. Brake Supply Company, Inc. (2022). The court granted Brake Supply's motion to permit an apportionment instruction naming Fras-Le, a third-party defendant dismissed for lack of personal jurisdiction, contingent on Brake Supply presenting enough evidence at trial of Fras-Le's fault.
• Papineau v. Brake Supply Company, Inc. (2022). The court granted third-party defendant Fras-Le's motion to dismiss for lack of personal jurisdiction, ruling against third-party plaintiff Brake Supply.
• Papineau v. Brake Supply Company, Inc. (2021). The court denied Brake Supply's summary judgment motion on exposure, causation and the Middleman Statute defense, granted it on the Papineaus' punitive-damages claim, excluded only the plaintiffs' hygienist Paskal's warnings testimony, and denied the other motions to exclude experts.
• Papineau v. Brake Supply Company, Inc. (2021). The court denied the Papineaus' motion to sever or bifurcate Brake Supply's third-party claims against Fras-le and Carlisle Industrial, so all claims will be tried together.
• Papineau v. Brake Supply Company (2020). The court granted third-party defendant Fras-le North America's motion for summary judgment on Brake Supply's indemnity and apportionment claims and denied Brake Supply's motion to hold that motion in abeyance.
• Papineau v. Brake Supply Company (2020). The court denied third-party defendant Fras-le S.A.'s motion to dismiss Brake Supply's third-party complaint without prejudice, reserving judgment on service and personal jurisdiction and ordering 120 days of limited jurisdictional discovery.
• Papineau v. Brake Supply Company, Inc. (2020). The magistrate judge granted third-party defendant Fras-le S.A.'s motion for a protective order against all topics in Brake Supply's amended Rule 30(b)(6) deposition notice, allowing Brake Supply to serve a revised notice on Topics 2, 3, 4 and 22-28.
• Papineau v. Brake Supply Company, Inc. (2020). The court granted Rudd Equipment's motion to dismiss Brake Supply's amended third-party complaint, dismissing the common law indemnity claim for lack of facts, while noting Brake Supply keeps its right to seek an apportionment instruction at trial.
• Papineau v. Brake Supply Company, Inc. (2020). The district court overruled Honeywell's objection and left in place the Magistrate Judge's orders compelling Honeywell to answer an interrogatory and a document request, so the Papineaus prevailed.
• Clouse v. Associated Drywall Suppliers, Inc. (2019). The court granted Michael Clouse's motion to remand his talc mesothelioma suit to Jefferson Circuit Court, rejecting Johnson & Johnson's bankruptcy-related removal, and denied all other pending motions as moot.
• Hayes v. Colgate-Palmolive Company (2019). The district court granted the executrix's motion to remand her wrongful death talc case against Johnson & Johnson to Jefferson Circuit Court on equitable grounds and denied her request for attorney's fees and costs.
• Surita v. Arvinmeritor, Inc. (2017). The court granted summary judgment to all defendants (Meritor, Arvinmeritor, Goodyear, Trane, Meritor WABCO, Caterpillar, Navistar and Genuine Parts) because plaintiff Rojelio Surita offered no proof their products were a substantial factor in his wife's mesothelioma, and denied Genuine Parts' jurisdiction motion as moot.
• Brown v. Kentucky Utilities Company (2015). The court severed General Electric's third-party claims against the Tennessee Valley Authority, stayed them, declined supplemental jurisdiction and remanded the plaintiffs' claims to Jefferson Circuit Court, granting the plaintiffs' motion.
• Stallings v. Georgia-Pacific Corporation (2015). The district court granted summary judgment to Georgia-Pacific, IMO Industries, Crane Company, John Crane Inc. and CBS Corporation because the plaintiff could not show that any defendant's product was a substantial factor in causing Stallings's mesothelioma, and the plaintiff lost.
• Holland v. Union Carbide Corporation (2013). The court denied Union Carbide Corporation's motion for summary judgment based on the military contractor defense, so the plaintiff's claims against it continue.
• Stallings v. Georgia-Pacific Corporation (2013). The court denied the Stallings' motion to remand, keeping the case in federal court on General Electric's and Crane Company's federal officer removal.
• Bush v. Eaton Corporation (2010). The district court granted the plaintiff's motion to remand to Warren Circuit Court, finding a colorable claim against plant supervisor Kinsner so there was no fraudulent joinder, and denied fees and costs; the removing defendants lost on remand but won on timeliness and fees.
• Fleischman v. CSX Transportation, Inc. (2007). The court granted CSX Transportation summary judgment against Pauline Fleischman, holding that the 1986 release barred the claims and that FELA's three-year limitations period barred the personal injury claim, and dismissed all claims.