Connecticut Asbestos Case Law

Asbestos decisions from Connecticut's courts and the federal courts there: 32 cases in our library so far. For what the law requires today, see Connecticut asbestos laws; for where exposure happened, see Connecticut asbestos exposure sites.

State supreme court

Connecticut Supreme Court

• Dougan v. Sikorsky Aircraft Corporation (2020). The Connecticut Supreme Court affirmed summary judgment for Sikorsky and Carrier because the four plaintiffs offered no expert opinion that medical monitoring was reasonably necessary for each of them.
• Dougan v. Sikorsky Aircraft Corp. (2019). The Connecticut Supreme Court affirmed summary judgment for Sikorsky Aircraft and Carrier against the four plaintiffs' medical monitoring claims, because they offered no expert evidence that monitoring was reasonably necessary for them.
• RT Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company (2019). The Connecticut Supreme Court affirmed the Appellate Court's judgment, which upheld the trial court's continuous trigger and unavailability-of-insurance rulings and the pollution exclusion ruling, and held that the occupational disease exclusions bar coverage for claims by nonemployees as well as employees, a result favoring the secondary insurers over Vanderbilt on that exclusion.
• Bagley v. Adel Wiggins Group (2017). The Connecticut Supreme Court reversed the jury verdict for the plaintiff and remanded with direction to grant Wyeth Holdings Corporation's motion to set aside the verdict and for judgment notwithstanding the verdict, so Wyeth won and the Bagley plaintiff lost.
• Estate OF Rock v. University of Connecticut (2016). The Connecticut Supreme Court reversed in part the Compensation Review Board's decision, holding the decedent's estate had no standing to pursue any workers' compensation benefits, and remanded with direction to dismiss the estate's claims, so the University of Connecticut prevailed.
• Deschenes v. Transco, Inc. (2008). The Connecticut Supreme Court reversed the compensation review board's decision, which had upheld full permanent partial disability benefits for the plaintiff against employers Reed and AC & S, and remanded for further fact-finding on apportionment.
• Deschenes v. Transco, Inc. (2007). The Connecticut Supreme Court reversed the compensation review board's decision affirming full benefits to George Deschenes, a ruling that favored the employers Reed and AC & S on the legal standard, and remanded for further fact-finding on whether his benefits should be reduced.
• Lafayette v. General Dynamics Corp. (2001). The Connecticut Supreme Court reversed the workers' compensation review board and held that collateral estoppel barred Electric Boat from relitigating causation of the decedent's death, so the widow Kathryn Lafayette prevailed and the case was remanded to the commissioner.
• Estate OF Frederick v. General Dynamics Corp. (1997). The Connecticut Supreme Court reversed the Appellate Court and remanded so benefits would be awarded to the decedent's estate and dependent widow, ruling against Electric Boat/General Dynamics and its insurer.
• Green v. General Dynamics Corp. (1997). The Connecticut Supreme Court reversed the Appellate Court, which had denied the widow's claim, and remanded so the commissioner could calculate her weekly death benefits under § 31-310c; the widow, Celestina Green, won against Electric Boat and its insurers.

State appeals courts

Connecticut Appellate Court

• Dusto v. Rogers Corporation (2023). The Appellate Court reversed the summary judgment for Rogers Corporation on workers' compensation exclusivity and remanded for further proceedings, but affirmed the dismissal of the claims against Special Electric Company, Inc. as time barred.
• Poce v. O & G Industries, Inc. (2021). The Appellate Court affirmed the summary judgment for O & G Industries, adopting the trial court's decisions that granted O & G's motion to strike in part and its motion for summary judgment against the five mason laborers.
• RT Vanderbilt Company, Inc. v. Hartford Accident and Indemnity Company (2017). The Connecticut Appellate Court reversed the trial court on three rulings (defense costs for 1993-2007, the 1962 default exposure date for pending and future claims, and the occupational disease exclusions) and affirmed all other rulings, remanding for further proceedings.
• Martin Franchises, Inc. v. Cooper US, Inc. (2016). The Appellate Court reversed summary judgment for Martin Franchises against Cooper U.S. and remanded with direction to deny Martin Franchises' motion, because the supporting affidavit was improperly accepted.
• RT Vanderbilt Co. v. Hartford Acc. & Indem. (2016). The Connecticut Appellate Court affirmed most of the trial court's insurance allocation and coverage rulings but reversed three in Vanderbilt's or the insurers' favor: it removed 1993-2007 defense costs from Vanderbilt, rejected the fixed 1962 default exposure date for pending and future claims, and held the occupational disease exclusions reach non-employee claims. It remanded for further proceedings.
• Brochu v. Aesys Technologies (2015). The Appellate Court affirmed the trial court's sua sponte dismissal of the executrix's asbestos action for failure to prosecute with due diligence, a ruling for the defendants Crane Co., Foster Wheeler and Goulds Pumps.
• Green v. General Dynamics Corp. (1996). The Appellate Court reversed the compensation review board's decision affirming dependent's death benefits for the widow, Celestina Green, and remanded with direction to deny her claim, so General Dynamics/Electric Boat and its insurers won.

Federal appeals courts

U.S. Court of Appeals, Second Circuit

• Clark v. Aii Acquisition, LLC (2018). The Second Circuit vacated the district court's dismissal of the Clarks' asbestos personal injury suit on judicial estoppel grounds, ruling for Mrs. Clark against Boeing, and remanded for further proceedings.
• Brown v. Lockheed Martin Corp. (2016). The Second Circuit affirmed the district court's dismissal of the estate's asbestos claims against Lockheed Martin for lack of personal jurisdiction in Connecticut.
• BellSouth Telecommunications v. WR Grace (1996). The Second Circuit affirmed summary judgment for W.R. Grace, holding BellSouth's claim for asbestos abatement costs was time-barred under Connecticut's three-year product liability limitation period.

Federal district courts

U.S. District Court, District of Connecticut

• In re Nash Engineering Company (2024). The court granted the Nash Holdings defendants' motion to dismiss the Bankruptcy Code section 548 claims (Counts II and III) with prejudice as untimely, and denied it as to the CUFTA fraudulent transfer, unjust enrichment and subsequent-transfer claims, so the Trustee's remaining claims go forward.
• Erhardt v. Bmw OF North America, LLC (2021). The district court denied BMW of North America's motions to preclude the plaintiff's three expert witnesses and denied its motion for summary judgment, so Mr. Erhardt's claims go forward against BMW NA.
• Carlson v. CBS Corporation (2020). The court granted General Electric's unopposed motion for summary judgment, dismissing the Carlsons' claims against it with prejudice, along with Ms. Carlson's consortium claim and the cross-claims of Foster Wheeler and Crane Co.
• Bray v. Ingersoll-Rand Co. (2015). The court granted summary judgment to defendants Aurora, BW/IP, Carrier, Crane, Nash, Warren and Weir because the plaintiffs lacked evidence tying the defendants' products to St. Jean's asbestos exposure, and it dismissed Marilyn St. Jean's derivative loss of consortium claim.
• Kotecki v. Buffalo Pumps, Inc. (2009). The court denied the Koteckis' motion to remand, keeping the case in federal court because Buffalo Pumps and General Electric showed a colorable federal officer (military contractor) defense.
• Murphy v. General Electric Company (2009). The court denied the plaintiffs' motion to remand to state court, holding that General Electric and Buffalo Pumps could remove the case under the federal officer removal statute.
• Carroll v. Buffalo Pumps, Inc. (2008). The district court denied the Carrolls' motion to remand, holding that defendants Viad, General Electric and Buffalo Pumps properly removed the case under the federal officer removal statute.
• Pantalone v. Aurora Pump Co. (2008). The court held that Buffalo Pumps satisfied the federal-officer removal requirements but removed too late under § 1446(b), so it granted Margaret Pantalone's motion to remand to Connecticut state court.
• Contois v. Able Industries Inc. (2007). The court denied the executrix's motion to remand, holding that Buffalo Pumps' removal was timely and that Buffalo Pumps and General Electric satisfied federal officer removal requirements, so the case stays in federal court.
• Machnik v. Buffalo Pumps Inc. (2007). The court denied Machnik's motion to remand to state court, finding that General Electric had justified federal officer removal, so the case stayed in federal court.
• Yale University v. Cigna Ins. Co. (2002). The court granted the insurers' summary judgment on the third-party liability and specified peril policies and on asbestos contamination under the all risk policies, and denied it in part on lead contamination claims under the all risk policies, so Yale mostly lost.
• Bauer v. Johns-Manville Corp. (1984). The court denied Johnson Asbestos Corporation's motion for summary judgment on limitations, so plaintiff Bauer's wrongful death suit proceeds, and granted its motion to dismiss only the consortium claim arising from the husband's death.