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.

Federal district courts

U.S. District Court, Northern District of California

• Hilt v. Foster Wheeler LLC (2018). On remand from the Ninth Circuit, the district court denied Foster Wheeler's motion for summary judgment, so the plaintiffs' claims against Foster Wheeler continue.
• Polar-Mohr Maschinenvertriebsgesellschaft Gmbh, Co. KG v. Zurich American Insurance Company (2018). The court granted Polar-Mohr's motion for summary judgment and denied Zurich's, holding Zurich must pay all sums of the Huwe settlement plus defense costs, with 7% prejudgment interest, in Euros.
• Sanchez v. Air & Liquid Systems, Corporation (2018). The district court granted the plaintiffs' motion to remand to Alameda County Superior Court because defendant Aurora Pump failed to show a colorable government-contractor defense for federal-officer removal, and awarded plaintiffs $3,500 in attorney's fees.
• Thrash v. Cirrus Enterprises, LLC (2017). The district court denied the plaintiffs' motion to remand, holding the removing defendants (Boeing, UTC, Lockheed, Goodyear) had shown federal officer removal jurisdiction through a colorable government contractor defense.
• Ballard v. Ameron International Corporation (2016). The court ordered removing defendant Ameron to show cause by October 27, 2016 why the case should not be remanded to state court and why costs and fees should not be imposed, finding Ameron had so far failed to establish federal jurisdiction.
• Flintkote Co. v. Aviva Plc (2016). The court granted Aviva's motion for partial summary judgment, holding Aviva owes Flintkote only the trust payment percentage rather than the full liquidated value of claims, denied Flintkote's motion for a declaration, and granted Flintkote's motion for a bond.
• Flintkote Company v. Aviva Plc (2016). The court granted Aviva's motion for partial summary judgment (California law applies and Aviva owes only the trust payment percentage), denied Flintkote's motion for a declaration that Aviva must pay full liquidated value, and granted Flintkote's motion for a bond under Cal. Ins. Code § 1616.
• Lopez v. Allied Packing & Supply Inc. (2016). The court granted the plaintiffs' motion to remand, holding that Hillshire's removal more than one year after the action began was untimely, so the case returned to Alameda County Superior Court.
• Unterleitner v. BASF Catalysts LLC (2016). The federal court granted plaintiff Unterleitner's motion to remand to Alameda County Superior Court and ordered removing defendant O'Reilly to pay $4,200 in attorneys' fees, finding removal improper.
• Fenicle v. Boise Cascade Company (2015). The district court granted the plaintiffs' motion and remanded the case to Alameda County Superior Court, holding removal under § 1441 was improper and that equitable grounds under § 1452(b) favored remand, against Boise Cascade and OfficeMax.
• Kelly v. CBS Corporation (2015). The court ruled on the parties' motions in limine before trial, granting some and denying others, so plaintiff Barry Kelly and the defendants each won some rulings.
• Uribes v. BASF Catalysts, LLC (2015). The federal district court granted the plaintiffs' motion to remand the wrongful death action to Santa Clara County Superior Court, finding BASF failed to prove E.T. Horn was fraudulently joined, and denied the plaintiffs' request for attorney's fees and costs.
• Whalen v. General Electric Corporation (2014). The court denied General Dynamics' motion to dismiss the plaintiffs' strict products liability claim and denied its motion to strike the punitive damages prayer as moot, so the Whalens' claims proceeded.
• Harris v. CBS Corporation (2012). The district court denied CBS Corporation's motion to dismiss for improper venue or transfer to the District of Idaho, and denied its motion to dismiss for lack of subject matter jurisdiction, so the Harrises' suit continued.
• Ballenger v. Agco Corporation (2007). The court denied the Ballenger plaintiffs' motion to remand and their request for fees, holding Todd Shipyards properly removed the case under the federal officer removal statute; Todd's request for interlocutory appeal certification was denied as moot.
• Hopkins v. Plant Insulation Company (2006). The district court granted the plaintiffs' (Hopkins heirs and Flintkote) motion to remand the case to San Francisco Superior Court, rejecting Imperial Tobacco and Sullivan & Cromwell's arguments that federal jurisdiction was mandatory; the motions to transfer and stay were not granted (the stay motion was moot).

U.S. District Court, Southern District of California

• Spurlin v. Air & Liquid Systems Corporation (2021). The district court denied the joint Rule 12(b)(1) motion of Warren Pumps, Foster Wheeler, IMO and Crane to dismiss for lack of subject matter jurisdiction based on Yearsley derivative sovereign immunity, so the Spurlins prevailed on the motion.
• Spurlin v. Air & Liquid Systems Corporation (2021). The court granted Tate Andale's summary judgment motion and all defendants' motion on punitive damages and loss of consortium, but denied the other equipment manufacturers' motion on duty to warn, causation and the government contractor defense, and on plaintiffs' cross-motion granted judgment for the Spurlins only on the sophisticated purchaser defense.
• Livernois v. National Ship and Shipbuilding Company (2018). The court granted plaintiff William Livernois's motion to voluntarily dismiss his action against NASSCO without prejudice, rejecting NASSCO's forum-shopping objection because NASSCO showed no cognizable prejudice.
• Walashek v. Air & Liquid Systems Corporation (2016). The district court granted summary judgment to Lamons Gasket Company and Parker-Hannifin Corporation because the plaintiffs lacked evidence that Walashek was exposed to asbestos from their products, and ordered final judgment for those defendants.
• Walashek v. Air Liquid Systems Corporation (2016). The court denied Foster Wheeler's motions (joined by other defendants) to exclude the opinions of plaintiffs' experts Dr. Fishbein and Dr. Holstein, so plaintiffs may present both experts.
• Grande v. Borg-Warner Morse Tec, Inc. (2014). The court denied Crane Co.'s motion for summary judgment on product exposure and punitive damages, so plaintiff Lisa Grande's wrongful death claims proceed, and granted Crane Co.'s unopposed request to sever punitive damages for trial.
• Willis v. Buffalo Pumps Inc. (2014). The court denied John Crane Inc.'s motion for summary judgment against Viola Willis on real-party-in-interest, causation and punitive damages grounds, leaving the claims for trial, and rejected its public policy argument as premature.
• Willis v. Buffalo Pumps Inc. (2014). The court granted Foster Wheeler summary judgment only on the plaintiff's false representation claim and denied its motion on all other claims, including exposure, causation, government contractor defense, sophisticated user defense, intentional failure to warn and punitive damages.
• Willis v. Buffalo Pumps Inc. (2014). The court denied Metalclad's summary judgment motion on causation because fact disputes existed, but granted it on punitive damages, dismissing that claim in favor of Metalclad; the remaining claims by Viola Willis proceed.
• Willis v. Buffalo Pumps, Inc. (2013). The district court denied the plaintiffs' motions to remand, holding the defendant pump and equipment makers properly removed the cases under the federal officer removal statute because they raised a colorable government contractor defense.
• Brantley v. Borg-Warner Morse Tec, Inc. (2012). The court denied Gerald Brantley's motion to remand, holding that Westinghouse and its co-defendants properly removed the case under the federal officer removal statute.

Federal bankruptcy courts

U.S. Bankruptcy Court, Northern District of California

• Darden v. Western Asbestos Settlement Trust (In re Western Asbestos Co.) (2021). The bankruptcy court granted the Dardens' motion in part, declaring that Edward Darden's 1986 release did not bar their wrongful death claims, and granted the Western Asbestos Settlement Trust's motion, declaring that the Trust documents do not let it pay those claims.
• Darden v. Western Asbestos Settlement Trust (In re Western Asbestos Co.) (2021). The bankruptcy court denied the Dardens' summary judgment motion and granted summary judgment to the Western Asbestos Settlement Trust, holding that Edward Darden's 1986 release and claim preclusion barred his June 2017 trust claim.
• In re Cfb Liquidating Corporation (2017). The bankruptcy court granted the Trustee's motion and held Continental Casualty Company liable under Illinois Insurance Code §155, ordering it to pay its policy limits plus attorneys' fees, expenses, prejudgment interest and a $60,000 penalty.
• In re Cfb Liquidating Corporation (2016). The court denied Continental Casualty's motion for partial summary judgment on its counterclaim, holding that the Trust's proposals with a 100% allocated percentage complied with Section 8.3 of the Plan and Continental had to respond, so the Trustee prevailed.