West Virginia Supreme Court of Appeals: Asbestos Cases

Our case-law library holds 12 asbestos decisions from the West Virginia Supreme Court of Appeals (1980–2016). Each links to our summary and the full opinion.

• State: West Virginia
• Kind of court: State supreme court

Decisions

• Bennett v. West Virginia Office OF Insurance Commissioner, W Va: Supreme Court of Appeals 2016 (2016). The West Virginia Supreme Court affirmed the Board of Review's decision granting dependent's benefits to Minnie Bennett, upholding August 16, 1983 as the date of last exposure and Corning, Inc. as the sole chargeable employer.
• Lawrentz v. Constellium Rolled Products Ravenswood, W Va: Supreme Court of Appeals 2015 (2015). The West Virginia Supreme Court affirmed the Board of Review's decision rejecting James Lawrentz's workers' compensation claim for lung cancer, in favor of the employer Constellium Rolled Products Ravenswood.
• Moore v. Aker Oil and Gas US, LLC, W Va: Supreme Court of Appeals 2015 (2015). The court affirmed the Board of Review's order, which upheld the denial of Judy Moore's claim for dependent's benefits against Aker Oil and Gas US, LLC, because she offered no evidence that her husband was exposed to asbestos at work in West Virginia.
• Bayer Corporation v. Toney, W Va: Supreme Court of Appeals 2013 (2013). The West Virginia Supreme Court affirmed the Board of Review's order granting Luann Toney dependents' benefits, ruling against Bayer Corporation.
• Hoffman v. West Virginia Office OF Insurance Commissioner, W Va: Supreme Court of Appeals 2012 (2012). The West Virginia Supreme Court affirmed the Board of Review's order denying Audrey Hoffman dependent's death benefits, so the widow lost and Appalachian Power Company and the Office of Insurance Commissioner prevailed.
• Ratliff v. Norfolk Southern Ry. Co. (2009). The West Virginia Supreme Court reversed summary judgment for Norfolk Southern and remanded, holding the release Mr. Ratliff signed in a voluntary separation program was void under FELA section 5 as to his mesothelioma claim unless it reflected a bargained-for settlement of that known claim.
• Adams v. Consolidated Rail Corp. (2003). The court reversed the denial of a new trial for Conrail and the other railroad defendants as to John Robinson and Ronald Shaffer, because their smoking histories should not have been excluded. It affirmed the denial as to Walter Knight and remanded.
• Lamphere v. Consolidated Rail Corp. (2001). The West Virginia Supreme Court affirmed the circuit court's order granting Lamphere's estate a new trial after a jury verdict for Conrail and Penn Central, finding no abuse of discretion.
• State Ex Rel. Allman v. MacQueen (2001). The West Virginia Supreme Court treated the petition as one for mandamus and granted the writ as modified, requiring the trial judge's asbestos master case management plan to be supplemented with an additional supervising judge and further trial-group planning, while leaving the plan in force.
• Marlin v. Bill Rich Const., Inc. (1996). The West Virginia Supreme Court reversed the circuit court's summary judgment for the Wetzel County Board of Education, which had held the workers' claims barred by immunity, and remanded for further proceedings, so the workers won this appeal.
• Newman v. Richardson (1991). The court granted the widows' mandamus petition as molded, ordering the Workers' Compensation Commissioner to reprocess their claims as occupational pneumoconiosis claims and to pay their attorney's fees, but it did not order immediate referral to the Occupational Pneumoconiosis Board.
• Powell v. State Workmen's Compensation Com'r (1980). The court reversed the Appeal Board's order rejecting the widow's death benefits claim and remanded for the lung cancer claim to be considered under the occupational disease standards of W.Va. Code § 23-4-1, favoring the widow Valena Powell over the Commissioner and Board of Regents.