U.S. District Court, Western District of North Carolina: Asbestos Cases

Our case-law library holds 29 asbestos decisions from the U.S. District Court, Western District of North Carolina (1986–2023). Each links to our summary and the full opinion.

• Kind of court: Federal district court

Decisions

• In re Alrich Pump, LLC (2023). The district court granted the Appellants' (Non-Party Certain Matching Claimants') motion and stayed the Bankruptcy Court's order denying anonymity pending appeal, ruling against debtor Aldrich Pump LLC's position.
• Non-Party Certain Matching Claimants v. Aldrich Pump LLC (2023). The district court granted the Non-Party Certain Matching Claimants' motion to stay the bankruptcy court's order denying anonymity pending their appeal, ruling against Aldrich Pump and Murray Boiler.
• The Manville Trust Matching Claimants v. Dbmp, LLC (2023). The district court affirmed the Bankruptcy Court's order denying the Manville Trust Matching Claimants' request to proceed anonymously in the subpoena dispute with DBMP, and denied their motion to stay pending appeal as moot.
• Bantin v. Air & Liquid Systems Corporation (2022). The court granted summary judgment to Weir Valves & Controls USA, Inc. (as successor to Atwood & Morrill), dismissing the Bantins' claims against it with prejudice, and denied the Bantins' summary judgment motion on Atwood & Morrill's affirmative defenses as moot.
• Barkley v. 4520 Corp., Inc. (2022). The court granted Foster Wheeler's motion for summary judgment and dismissed all of the plaintiff's claims against it with prejudice, struck the Carpenter affidavit, and denied the remaining motions as moot.
• In re Bestwall LLC (2022). The district court granted Bestwall LLC's amended motion to dismiss and dismissed the asbestos claimants' appeal of the bankruptcy court's contempt and sanctions orders, because those orders are interlocutory and not immediately appealable.
• Penegar v. Liberty Mutual Insurance Company (2022). The district court adopted the magistrate judge's recommendation and granted Liberty Mutual's and Verisk's motions to dismiss the executrix's Medicare Secondary Payer Act suit for lack of Article III standing, and closed the case.
• In re Bestwall LLC (2021). The district court denied the Future Claimants' Representative's request for leave to appeal the Bankruptcy Court's PIQ Order and dismissed the appeal, ruling the order was not final; Bestwall LLC prevailed.
• In re Bestwall LLC (2021). The district court granted in part and denied in part the Asbestos Claimants' Committee's motion for rehearing, declined to hear the merits of its appeal of the PIQ Order, and dismissed the appeal, so Bestwall LLC prevailed on jurisdiction while the committee may appeal later with a final order.
• In re Bestwall LLC (2021). The district court held the bankruptcy court's order allowing Bestwall LLC to send personal injury questionnaires to mesothelioma claimants was not a final order, denied the asbestos claimants' committee leave to bring an interlocutory appeal, and affirmed the order.
• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The court granted summary judgment to Eaton, BWDAC, ZF Active Safety US, PACCAR and Daimler Trucks North America and dismissed the Settlemyers' claims against them with prejudice.
• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The court granted the defendants' motions to exclude the specific-causation opinions of plaintiffs' experts Dr. Holstein and Dr. Staggs, and largely denied the plaintiffs' motion to exclude the defendants' experts.
• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The magistrate judge denied the plaintiffs' motion to compel Carlisle Industrial Brake & Friction to give corporate deposition dates (without prejudice, as premature) and to respond to Requests for Production 10, 12 and 13 (as overly broad), and denied the remaining issues as moot.
• In re Garlock Sealing Technologies LLC (2017). The district court confirmed the modified joint Chapter 11 plan for Garlock Sealing Technologies, Garrison, Anchor and OldCo (successor to Coltec), adopted the bankruptcy court's findings, overruled Travelers' objection, and issued the asbestos channeling injunction, with the plan proponents prevailing.
• Lineberger v. CBS Corporation (2017). The court denied Siemens Corporation's motion to certify its earlier order denying dismissal for interlocutory appeal, so the plaintiffs (the Linebergers) prevailed on this motion.
• Lineberger v. CBS Corporation (2017). A magistrate judge recommended that the District Court deny RSCC Wire and Cable LLC's Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction, so the Linebergers' claims against RSCC would go forward, and also granted RSCC an extension of time nunc pro tunc.
• Lineberger v. CBS Corporation (2017). The magistrate judge recommended that the district court deny Siemens' motion to dismiss, and its alternative motion for a more definite statement, in the Lineberger mesothelioma suit, which favors the plaintiffs.
• Moore v. Alcatel-Lucent USA, Inc. (2017). The court granted summary judgment to Alcatel-Lucent (successor to Western Electric) and dismissed the Moores' claims with prejudice because the North Carolina Workers' Compensation Act's exclusivity provisions barred them.
• Phillips v. Pneumo Abex LLC (2016). The court denied the plaintiffs' motion for a new trial against Pneumo Abex LLC, leaving in place the jury verdict for Abex and Reddaway Manufacturing.
• Richardson v. Pcs Phosphate Company, Inc. (2016). The court granted in part and denied in part PCS Phosphate's and Broadspire's motions to dismiss: Richardson's Medicare Secondary Payer, breach of contract and unfair trade practices claims survived, but his unjust enrichment claim was dismissed with prejudice.
• Garlock Sealing Technologies, LLC v. Simon Greenstone Panatier Bartlett (2015). The district court denied the defendant law firms' and lawyers' motions to transfer venue to Texas or California and to abstain, so Garlock and its litigation management affiliate won and the fraud and RICO suits stay in the Western District of North Carolina.
• Garlock Sealing Technologies, LLC v. Simon Greenstone Panatier Bartlett, A Professional Corporation (2015). The court denied the defendant law firm and lawyers' motions to dismiss as time-barred and to strike or dismiss for failure to state a claim, so Garlock's fraud, conspiracy and RICO claims went forward.
• Harris v. Ajax Boiler, Inc. (2014). The court granted summary judgment to Crane Co., Cleaver-Brooks, Riley Power and Trane and dismissed them from the case, ruling against plaintiff Robin Harris.
• Harris v. Ajax Boiler, Inc. (2014). The court denied non-party Duke University Health System's motion for a protective order and for reconsideration, and ordered Duke to release the requested tissue blocks to the defendants' expert within ten days.
• Legal Newsline v. Garlock Sealing Technologies LLC (2014). The district court reversed the bankruptcy court's orders sealing the Garlock estimation hearing, transcript and exhibits and closing the courtroom, remanded for findings on sealing, and withdrew the reference of Garlock's non-core fraud and RICO claims against plaintiffs' law firms; Legal Newsline and other appellants won.
• Starnes v. AO Smith Corporation (2014). The court granted summary judgment to seven defendants (FMC/Crosby, FMC/Peerless, Sterling, Gardner Denver, Watts, Ingersoll Rand and Trane) because plaintiffs did not respond, and dismissed them from the case.
• Taylor v. Alcatel-Lucent USA, Inc. (2014). The court denied Alcatel-Lucent's motion to dismiss or stay, refusing Colorado River abstention, finding no abuse of process, and denying fees and costs, so plaintiff Taylor's suit continues.
• Young v. Agco Corporation (2014). The district court overruled Higbee's objections, accepted the Magistrate Judge's recommendation, and denied Higbee Inc.'s motion to dismiss for lack of personal jurisdiction, so the plaintiffs' claims against Higbee continue.
• Gardner v. Asbestos Corp., Ltd. (1986). The federal district court denied defendant Cassiar Mining Corporation's motion for partial summary judgment, so plaintiffs John and Atha Gardner may pursue claims based on asbestos fibers sold more than six years before suit.