Alabama Asbestos Case Law

Asbestos decisions from Alabama's courts and the federal courts there: 33 cases in our library so far. For what the law requires today, see Alabama asbestos laws; for where exposure happened, see Alabama asbestos exposure sites.

State supreme court

Alabama Supreme Court

• Kruse v. Vanderbilt Minerals, LLC (2015). The Alabama Supreme Court reversed the summary judgment for Vanderbilt Minerals and remanded, because the trial court ruled on a ground the motion never raised and the plaintiff had presented enough evidence of exposure to Vanderbilt's Nytal talc.
• Patterson v. Consolidated Aluminum Corporation (2012). The Alabama Supreme Court affirmed the trial court's judgment for Consolidated Aluminum Corporation and Lonza America, holding the Pattersons' claims against them were time-barred because the Pattersons did not promptly substitute them for fictitious defendants.
• Bradberry v. Carrier Corporation ET AL. (2011). The Alabama Supreme Court affirmed the summary judgments for Carrier Corporation and the other solvent defendants, rejecting the plaintiffs' argument that codefendant Leslie Controls' bankruptcy stayed the whole case.
• Henderson v. MeadWESTVACO Corporation (2009). The Alabama Supreme Court affirmed summary judgment for CSX Transportation and MeadWestvaco against Sheila Henderson's wrongful-death claim, on a different ground than the trial court's: the decedent's own claim would have been time-barred under Alabama law.
• General Motors Corp. v. Kilgore (2002). The Alabama Supreme Court reversed the trial court's denial of summary judgment and rendered judgment for General Motors, holding the Kilgores' claims preempted by the Federal Locomotive Inspection Act; two justices dissented.
• Greene v. CSX Transp., Inc. (2002). The Alabama Supreme Court affirmed summary judgment for CSX Transportation, holding the FELA personal-injury survival claims of the personal representatives of two deceased railroad employees were time-barred.
• Southern Bakeries, Inc. v. Knipp (2002). The Alabama Supreme Court reversed the trial court's partial denial of summary judgment, ruling for Southern Bakeries against Knipp and Branyon, and remanded for an order consistent with its opinion.
• Ex parte Wilkerson (2000). The Alabama Supreme Court reversed the Court of Civil Appeals' affirmance of summary judgment for Burlington Northern and Illinois Central railroads and remanded, because when Wilkerson's FELA claim accrued was a jury question.
• Hogland v. Celotex Corp. (1993). The Alabama Supreme Court reversed the trial court's summary judgment for the remaining defendants and remanded, directing the trial court to identify who the remaining defendants are and set the case for trial; the executrix, Yvonne Hogland, prevailed.

State appeals courts

Alabama Court of Civil Appeals

• Wilkerson v. Burlington Northern RR Company (1999). The Alabama Court of Civil Appeals affirmed summary judgment for Burlington Northern and Illinois Central railroads, holding Wilkerson's FELA asbestos claims were time-barred; Wilkerson lost.

Federal appeals courts

U.S. Court of Appeals, Eleventh Circuit

• Corley v. Long-Lewis, Inc. (2020). The Eleventh Circuit held it had jurisdiction over the appeal and affirmed the district court's denial of the Corleys' motion to reconsider summary judgment for the 17 Navy supplier defendants, who prevailed over the Corleys.
• Bobo v. Tennessee Valley Authority (2017). The Eleventh Circuit affirmed the district court's bench-trial finding that the Tennessee Valley Authority was liable to the Bobo estate, vacated the damages award because it included written-off medical expenses, and remanded for recalculation.

Federal district courts

U.S. District Court, Northern District of Alabama

• Smith v. Avon Products, Inc. (2019). The court granted the motions to dismiss for lack of personal jurisdiction filed by Johnson & Johnson and the Imerys Defendants (Cyprus Amax Minerals and Cyprus Mines), so plaintiff Billie Smith's claims against them failed in this court.
• Holland v. Airco, Inc. (2016). The district court granted summary judgment to Crane, Fluor Daniel and Goulds Pumps, ending the plaintiff's claims over Owen Holland's mesothelioma death.
• Bobo v. Tennessee Valley Authority (2015). After a bench trial, the court found for the plaintiffs (the estate of Barbara Bobo) against the Tennessee Valley Authority, awarding $3,000,000 for pain and suffering and $537,131.82 in medical expenses, with TVA entitled to a $136,176.37 offset for asbestos trust settlements.
• Bobo v. Tennessee Valley Authority (2015). After a bench trial, the federal court did not enter judgment for either side and instead certified two unsettled questions of Alabama law (a premises owner's duty in take-home asbestos cases, and the causation standard for multiple exposures) to the Alabama Supreme Court in the case brought by Barbara Bobo's estate against the Tennessee Valley Authority.
• Bobo v. Tennessee Valley Authority (2014). The court denied the Tennessee Valley Authority's motion to exclude Dr. Eugene Mark's specific causation opinion, so the plaintiffs prevailed on that point, and held the motion directed at Dr. Wulsin moot because plaintiffs withdrew her specific causation testimony.
• McGUFFIE v. Mead Corporation (2014). The district court granted summary judgment to MW Custom Papers, LLC and MeadWestvaco Corporation, holding MW Custom Papers was the only proper defendant and that the McGuffies' 1995 release barred the claim, and denied the plaintiff's motion to strike.
• Bobo v. Agco Corp. (2013). The court granted in part and denied in part the Tennessee Valley Authority's motion for summary judgment on discretionary-function grounds, dismissing Mrs. Bobo's failure-to-warn and training claims but letting her claims over exposure limits, monitoring, protective equipment and lockers, and medical examinations proceed.
• Bobo v. Agco Corporation (2013). The court granted TVA's discretionary-function summary judgment motion in part, dismissing Mrs. Bobo's failure-to-warn and asbestos-training claims, and denied it as to her claims about exposure limits, monitoring, protective equipment and lockers, and medical examinations.
• Bobo v. Agco Corporation (2013). The court granted the Tennessee Valley Authority's unopposed motion to dismiss the punitive damages claim and strike the jury demand, and denied plaintiff Barbara Bobo's motion to amend her complaint to add twelve more years of alleged exposure.
• Corley v. Long-Lewis, Inc. (2010). The magistrate judge denied the Corleys' motion to remand, holding that Garlock and Owens-Illinois properly removed on federal enclave grounds and CBS/Westinghouse on federal officer grounds, so the case stayed in federal court.

U.S. District Court, Southern District of Alabama

• Craig v. AW Chesterton Co. (2023). The district court denied Gloria Craig's motion to remand, ruling that Westinghouse's and GE's federal-officer removal was timely, so the case stays in federal court.
• Morgan v. Bill Vann Company, Inc. (2013). The court denied plaintiff Ronald Morgan's motions for Rule 54(b) final judgment and for a stay, so he could not immediately appeal the summary judgments for Crane Co., General Electric, Warren Pumps and CBS; the case against John Crane, Inc. stayed on track for trial.
• Morgan v. Bill Vann Company, Inc. (2013). The district court denied John Crane, Inc.'s motion for summary judgment, so the estate's claims against John Crane went forward.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted The Gorman-Rupp Company's motion for summary judgment under the bare metal defense and dismissed the plaintiff's claims against it with prejudice.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted defendant Albany International Corporation's motion for summary judgment and dismissed the estate of Rueben Morgan's claims against Albany with prejudice, finding the 1972-74 exposure claims time-barred and no evidence of post-1979 exposure to Albany products.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted General Electric's motion for summary judgment and dismissed the plaintiff's claims against GE with prejudice, finding the pre-1979 exposure claims time-barred and no sufficient evidence of later exposure to GE products.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted Warren Pumps, LLC's motion for summary judgment and dismissed the estate's claims against Warren with prejudice, so Warren won and the plaintiff lost.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted Honeywell International's motion for summary judgment and dismissed the plaintiff's claims against it with prejudice, because the 1956-1958 exposures were time-barred and there was no evidence of post-1979 exposure to Bendix products.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted CBS Corporation (successor to Westinghouse) summary judgment, dismissing the estate's claims against it with prejudice, because pre-May 1979 exposures were time-barred and no admissible evidence showed later exposure to Westinghouse asbestos products.
• Brown v. the Boeing Company (2012). The court granted plaintiff Walter Brown's motion to voluntarily dismiss his asbestos suit without prejudice, denied Boeing's and Lockheed Martin's motions for judgment on the pleadings as moot, and ordered Brown to reimburse defendants' limitations research and briefing costs.
• Kite v. Bill Vann Company, Inc. (2011). The district court denied plaintiff Kite's motions for remand, holding that CBS properly removed the case under the federal officer removal statute, so the case stayed in federal court for the defendants; it granted the motion to expedite.