California Asbestos Case Law

Asbestos decisions from California's courts and the federal courts there: 381 cases in our library so far. For what the law requires today, see California asbestos laws; for where exposure happened, see California asbestos exposure sites.

State appeals courts

California Court of Appeal

• Ehret v. Congoleum Corp. (2nd Appellate District, 4th Division, 1999). The Court of Appeal reversed the trial court's JNOV and its 75 percent settlement allocation, and remanded for entry of judgment of $817,896 against Congoleum, so Congoleum largely prevailed over Ehret's heirs.
• General Dynamics Corp. v. Wcab (2nd Appellate District, 4th Division, 1999). The Court of Appeal annulled the Board's decision that Anderson's asbestosis claim was not barred, finding the record insufficient to decide res judicata either way, and remanded for an order denying reconsideration without prejudice to General Dynamics raising res judicata later.
• Howard v. Owens Corning (1st Appellate District, 3rd Division, 1999). The Court of Appeal affirmed the judgment for Owens Corning on a jury verdict that Howard's asbestos exposure was not a cause of his injury, and rejected the Howards' claim that they were entitled to a directed verdict.
• Overly v. Ingalls Shipbuilding, Inc. (1st Appellate District, 2nd Division, 1999). The Court of Appeal affirmed the judgment for Robert and Louise Overly against shipyard owner Ingalls Shipbuilding, rejecting Ingalls' challenges to the evidentiary rulings, the lost-years damages, and the settlement allocation.
• Arena v. Owens Corning Corp. (1st Appellate District, 1st Division, 1998). The Court of Appeal held that ACL, a raw asbestos supplier, was properly held strictly liable, but that the trial court erred in not applying Proposition 51; it remanded for allocation of noneconomic damages between Owens Corning and ACL and otherwise affirmed the judgment for Arena.
• Gatton v. AP Green Services, Inc. (1st Appellate District, 2nd Division, 1998). The Court of Appeal affirmed summary judgment for A.P. Green Services, Inc. against the widow and heirs of Jerald Gatton, holding that another worker's deposition from a different case was inadmissible hearsay and left no evidence linking Green to Gatton's asbestos exposure.
• Gutierrez v. Cassiar Mining Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal reversed the $37,240 economic damages award for medical monitoring because the trial court refused Cassiar Mining's requested preexisting-condition instruction, affirmed the rest of the judgment for Gutierrez, and limited any retrial to monitoring costs.
• Petrini v. Mohasco Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal reversed the summary judgment for Mohasco Corporation, holding Mohasco liable as successor in interest to Volker through the merger, in favor of Therese Petrini and the other plaintiffs.
• Scheiding v. General Motors Corp. (1st Appellate District, 2nd Division, 1998). The Court of Appeal affirmed the judgments for General Motors, holding that the federal Locomotive Boiler Inspection Act preempted the railroad workers' and survivors' state-law tort claims over asbestos in locomotives.
• Barr v. ACandS, Inc. (1st Appellate District, 2nd Division, 1997). The Court of Appeal affirmed all three judgments for the defendants (ACandS, Kaiser Cement, Alta Building Materials and Exxon), holding the plaintiffs' second asbestos suits were barred by the one-year limitations period of section 340.2.
• Armstrong World Industries v. Aetna Cas. & Sur. (1st Appellate District, 1st Division, 1996). The Court of Appeal mostly affirmed the trial court's coverage rulings for asbestos manufacturers Armstrong, Fibreboard and GAF against their insurers, but modified the bodily-injury trigger ruling, reversed the 'expected or intended' declaration and the finding that GAF's pre-merger policies covered Ruberoid products, and remanded one Armstrong excess-policy issue.
• Hansen v. Owens-Corning Fiberglas Corp. (1st Appellate District, 2nd Division, 1996). The Court of Appeal affirmed the trial court's orders staying the Hansens' California asbestos actions against Owens-Corning Fiberglas and others on forum non conveniens grounds, so the plaintiffs lost and were directed to file in Montana.
• Jenkins v. T & N Plc (2nd Appellate District, 7th Division, 1996). The Court of Appeal affirmed the judgment for plaintiffs Milton and Maxine Jenkins against T&N PLC, rejecting T&N's argument that a bulk supplier of raw asbestos fiber cannot be strictly liable; each side bore its own costs.
• Kellogg v. Asbestos Corp. Ltd. (1st Appellate District, 4th Division, 1996). The Court of Appeal reversed the damages award to Harry Kellogg against Asbestos Corporation Limited and the section 998 costs, remanded for a limited new trial on his lifetime economic damages and costs, and affirmed the rest, including Ida May Kellogg's award.
• Lineaweaver v. Plant Insulation Co. (1st Appellate District, 1st Division, 1995). The Court of Appeal reversed the nonsuit for Plant Insulation as to Lineaweaver and remanded for retrial, but affirmed the nonsuit against King and Ward for insufficient evidence of exposure to Plant-supplied Pabco.
• Morton v. Owens-Corning Fiberglas Corp. (1st Appellate District, 2nd Division, 1995). The Court of Appeal struck $2 million in noneconomic damages, $63,000 in future medical expenses and $1,090,467 in future earning capacity from Mr. Morton's award, reduced Mrs. Morton's consortium award to $30,000, and otherwise affirmed the judgment against Owens-Corning Fiberglas.
• Sparks v. Owens-Illinois, Inc. (1st Appellate District, 2nd Division, 1995). The Court of Appeal affirmed the judgment for Charles and Betty Sparks, upholding the jury's findings that Owens-Illinois's Kaylo insulation was defective and was 100 percent responsible, and holding that Owens-Illinois waived its claim to allocate fault to the Navy.
• Dumin v. Owens-Corning Fiberglas Corp. (1st Appellate District, 1st Division, 1994). The Court of Appeal affirmed the judgment for Owens-Corning Fiberglas, holding that the trial court correctly directed a verdict against Dumin on exposure to OCF Kaylo aboard the Pocono because the evidence was insufficient.
• Smith v. ACandS, Inc. (1st Appellate District, 1st Division, 1994). The Court of Appeal reversed the jury judgment, directed entry of judgment for ACandS, and remanded for a new trial against PG&E.
• Williamson v. Plant Insulation Co. (1st Appellate District, 3rd Division, 1994). The Court of Appeal reversed the judgment for the Williamson plaintiffs against Plant Insulation only as to the decedent's noneconomic damages and anticipated economic damages, remanded for a limited new trial on economic damages, and otherwise affirmed, including the finding that the asbestosis claim was timely.
• Clark v. Workers'comp. Appeals BD. (2nd Appellate District, 7th Division, 1991). The Court of Appeal affirmed the Workers' Compensation Appeals Board's decision that Shirley Clark's application for death benefits was barred by the statute of limitations, so the employer (Department of Youth Authority) prevailed.
• Chevron USA v. Workers'comp. Appeals BD. (1st Appellate District, 5th Division, 1990). The Court of Appeal affirmed the Workers' Compensation Appeals Board's order denying Chevron's petition for reconsideration, so the widow and children of Harvey Steele won, and it denied their request for supplemental attorney fees.
• Uram v. Abex Corp. (1st Appellate District, 1st Division, 1990). The Court of Appeal affirmed summary judgment for the Asbestos Claims Facility defendants, holding that both Joseph Uram's personal injury claim and Virginia Uram's loss of consortium claim were time-barred.
• Hughes v. Western MacArthur Co. (1st Appellate District, 4th Division, 1987). The Court of Appeal reversed the judgment on the pleadings for Western MacArthur, holding Hughes was not required to plead the dual capacity doctrine, though she was required to plead successor liability.
• Kaminski v. Western MacArthur Co. (1st Appellate District, 5th Division, 1985). The Court of Appeal affirmed the judgment for Jack and Rose Kaminski against Western MacArthur Company, holding it was successor to Western Asbestos Company, and denied Western MacArthur's writ petitions challenging summary judgment on successorship as academic.
• JT Thorp, Inc. v. Workers'comp. Appeals BD. (3rd Appellate District, 1984). The Court of Appeal affirmed the Workers' Compensation Appeals Board's award to William Butler, rejecting the employer J.T. Thorp's challenge, and held Butler could recover predisability medical expenses for his asbestosis without a date of injury being set.
• Indus. Indemnity Co. v. Worker's Comp. App. BD. (2nd Appellate District, 3rd Division, 1983). The court annulled the workers' compensation judge's findings and the Appeals Board's denial of reconsideration, and directed the Board to decide which employer or insurer (Industrial Indemnity or self-insured National) was liable; this favored petitioner Industrial Indemnity.
• Scott Co. v. Workers'comp. Appeals BD. (1st Appellate District, 3rd Division, 1983). The Court of Appeal affirmed the Workers' Compensation Appeals Board's award, which imposed liability only on Scott Company (and its insurer Liberty Mutual) and dismissed the later employers Atlas Heating and Western Air.
• Skip Fordyce, Inc. v. Workers'comp. Appeals BD. (4th Appellate District, 2nd Division, 1983). The Court of Appeal annulled the Workers' Compensation Appeals Board's death benefit award to Barry's widow because no substantial evidence showed Barry was exposed to asbestos at Skip Fordyce, and returned the case to the Board; Skip Fordyce and Fireman's Fund won, though the court upheld the finding that Fireman's Fund was the carrier.
• Baptist v. Workers'comp. Appeals BD. (1st Appellate District, 1st Division, 1982). The Court of Appeal annulled the Workers' Compensation Appeals Board's order rescinding the death benefit award to the widow, Frances Baptist, and remanded, ruling against Johns-Manville Corporation.
• Arndt v. Workers'comp. Appeals BD. (1st Appellate District, 1st Division, 1976). The Court of Appeal annulled the Workers' Compensation Appeals Board's dismissal of the widow's death-benefit application as untimely and sent the case back to the Board, so Erla Arndt prevailed over Western Asbestos Company and the other respondents.

Federal appeals courts

U.S. Court of Appeals, Ninth Circuit

• Elorreaga v. Viacomcbs Inc. (2024). The Ninth Circuit reversed the district court's partial summary judgment for the Elorreaga plaintiffs and its denial of summary judgment to ViacomCBS, Air & Liquid Systems and Warren Pumps, and remanded for the district court to consider the Yearsley government contractor defense.
• Dietrich v. Boeing Company (2021). The Ninth Circuit reversed the district court's order remanding the case to state court, finding Boeing's federal officer removal timely, vacated the $3,500 fee award to plaintiff Dietrich, and remanded.
• Viale v. Foster Wheeler, LLC (2021). The Ninth Circuit affirmed summary judgment for Foster Wheeler and Exxon Mobil, rejecting the claims of Debbie Viale and Amber Jacobs for lack of evidence of exposure to Foster Wheeler products or Exxon-caused exposure.
• Zanowick v. Baxter Healthcare Corporation (2017). The Ninth Circuit affirmed the district court's order granting the Zanowicks' motion to voluntarily dismiss without prejudice, rejecting Baxter Healthcare and Fisher Scientific's argument that Rule 25(a)(1) required dismissal with prejudice.
• Botts v. US (2016). The Ninth Circuit reversed the district court's grant of summary judgment to the United States and remanded for further proceedings, siding with Roger and Carol Botts.

U.S. Court of Appeals, District of Columbia Circuit

• Building and Const. Trades Dept., Afl-Cio v. Brock (1988). The court upheld OSHA's findings of significant risk and feasibility of the 0.2 f/cc asbestos PEL, but struck the ban on spraying asbestos products and remanded several issues (lower PELs for some sectors, a STEL, smoking controls, some union-proposed measures) to the agency, so industry and unions each partly won and lost.

Federal district courts

U.S. District Court, Central District of California

• Holste v. 3M Company (2025). The court granted the Holstes' motion to remand to Los Angeles Superior Court, rejecting Boeing's federal officer removal, and denied the Holstes' request for attorney fees and costs.
• Corin v. Arkema, Inc. (2024). The court granted Paula Corin's motion and remanded the case to Los Angeles County Superior Court because Colgate-Palmolive's notice of removal was fatally defective, and denied Colgate leave to amend as futile.
• Dunlavey v. 3M Company (2024). The district court granted the plaintiffs' motion and remanded the case to Los Angeles County Superior Court, finding NASSCO failed to show it acted under a federal officer so federal-officer removal was improper.
• Ollerton v. National Steel and Shipbuilding Company (2023). The district court denied plaintiff William Ollerton's motion to remand, holding that defendant National Steel and Shipbuilding Company (NASSCO) properly removed the case under the federal officer removal statute.
• Anderson v. Johnson & Johnson (2020). The court approved the parties' stipulation dismissing the wrongful death action against Johnson & Johnson and Johnson & Johnson Consumer Inc. without prejudice, with the limitations period tolled until after the state appeal ends.
• Kruse v. Actuant Corporation (2020). The court denied plaintiffs George and Shigeko Kruse's motion to remand, finding federal officer removal jurisdiction proper based on Lockheed's and General Dynamics' colorable government contractor defense to the design defect claims.
• Weirick v. Brenntag North America, Inc. (2019). The district court granted plaintiffs' ex parte application and remanded the case to Los Angeles County Superior Court on equitable grounds, rejecting Johnson & Johnson's removal based on Imerys's bankruptcy.
• Lund v. 3M Company (2016). The district court denied Electric Boat and General Dynamics' motion to reconsider its earlier denial of summary judgment on the Lund family's strict liability claims, so those claims stay alive for trial.
• Hendricks v. Armstrong International, Inc. (2015). The court granted the Hendricks plaintiffs' motion to remand to state court, finding General Electric failed to show SoCal Edison was fraudulently joined and did not obtain consent of all remaining defendants to removal; GE lost.
• Olds v. 3M Company (2014). The court granted summary judgment to Cummins, Inc. and against plaintiff Paul Olds because there was no evidence he was exposed to an asbestos-containing Cummins product.
• Olds v. 3M Company (2014). The court granted Dana Companies, LLC's motion for summary judgment, dismissing Paul Olds's claims against Dana and entering judgment for Dana.
• Sclafani v. Air & Liquid Systems Corp. (2014). The court granted the joint motion for summary judgment on causation filed by the remaining defendants (Goodyear, Foster Wheeler and Crane, with Air & Liquid Systems, which had settled, also named as a movant) and ruled against the plaintiffs.
• Lara v. CBS Corp. (2013). The district court granted plaintiffs' motion to remand the case to Los Angeles County Superior Court, rejecting defendant Rockwell Automation's federal officer removal.