Arkansas Asbestos Case Law

Asbestos decisions from Arkansas's courts and the federal courts there: 12 cases in our library so far. For what the law requires today, see Arkansas asbestos laws; for where exposure happened, see Arkansas asbestos exposure sites.

State supreme court

Arkansas Supreme Court

• Hendrix v. Alcoa, Inc. (2016). The Arkansas Supreme Court affirmed the circuit court's dismissal of the estate's wrongful-death and survival suit against Alcoa, holding the workers' compensation exclusive-remedy provision barred it, and denied Alcoa's motion to dismiss the appeal.
• Chavers v. General Motors Corp. (2002). The Arkansas Supreme Court affirmed the trial court's summary judgment for General Motors, AlliedSignal and Ford, rejecting the claims of Deidra Chavers over her husband's mesothelioma death.

State appeals courts

Arkansas Court of Appeals

• Ark. Okl. Gas v. Public Service Com'n (1989). Affirmed the Arkansas Public Service Commission's order denying Arkansas Oklahoma Gas Company's surcharge for asbestos removal costs, because substantial evidence supported the finding that the asbestos was not friable; two judges dissented.
• Alcoa v. Vann (2nd Division, 1985). The Arkansas Court of Appeals affirmed the Workers' Compensation Commission's award of benefits to Raymond Vann's estate, rejecting self-insured employer Alcoa's challenge to the finding that his mesothelioma was caused by asbestos exposure at Alcoa.

Federal district courts

U.S. District Court, Eastern District of Arkansas

• Gray v. BNSF Railway Company (2023). The court denied BNSF Railway's motion for summary judgment, holding that neither the 2004 nor the 2017 release barred Columbus Gray's FELA claim for bladder cancer.
• Kimmons v. Autozone, Inc. (2022). The court granted the plaintiffs' voluntary dismissals of nine defendants and approved the stipulated dismissals, denied the pending motions to dismiss cross-claims and Morse TEC's summary judgment motion as moot, and held all remaining cross-claims moot; only the claims against Union Carbide remained.
• Kimmons v. Autozone, Inc. (2020). The district court granted Cyprus Mines' motion to dismiss for lack of personal jurisdiction, ruling against plaintiffs Kimmons and Swopes as to Cyprus Mines only; the case continued against the other defendants.
• Thomas v. Borg-Warner Morse Tec LLC (2018). The court granted summary judgment to Ford, Honeywell and Abex on the breach of warranty claims and granted Abex's motion in part on market share liability, but denied summary judgment on all other claims, including punitive damages, so plaintiff Thomas's claims go forward.
• Thomas v. Borg-Warner Morse Tec LLC (2018). The court granted Hennessy Industries' motion for summary judgment and dismissed it from the case, because its brake grinder contained no asbestos and could not have caused Thomas's mesothelioma.
• Miller v. Mainard (2015). The magistrate judge recommended dismissing the inmate's § 1983 complaint against Gail Mainard and the other Arkansas Department of Correction defendants without prejudice for failure to state a claim, because he alleged no actual injury from asbestos exposure.
• Valentine v. Borg-Warner Corporation (2009). The court granted the plaintiff's motion to remand, rejecting Borg-Warner's fraudulent joinder argument, and sent the case back to the Circuit Court of White County, Arkansas.

U.S. District Court, Western District of Arkansas

• Burnett v. American International Industries (2020). The court granted American International Industries' motion to dismiss (joined by Whittaker, Clark & Daniels), dismissing without prejudice the willful and wanton conduct, punitive damages (as a standalone claim) and fraud counts, and let plaintiffs file an amended complaint within 14 days.