Hawaii Asbestos Case Law

Asbestos decisions from Hawaii's courts and the federal courts there: 8 cases in our library so far. For what the law requires today, see Hawaii asbestos laws; for where exposure happened, see Hawaii asbestos exposure sites.

State supreme court

Hawaii Supreme Court

• Nobriga v. Raybestos-Manhattan, Inc. (1984). The Hawaii Supreme Court affirmed the order striking Eagle-Picher's government-specifications defense, but reversed the judgment on settlement credits and remanded for entry of a judgment of $98,472.62 for the Nobriga plaintiffs against Raybestos-Manhattan and Eagle-Picher.

State appeals courts

Hawaii Intermediate Court of Appeals

• Dias v. Fisher Controls Int'l (In re Hawaii State Asbestos Cases) (2017). The appeals court affirmed the circuit court's order granting Shin Nippon's petition for a good faith settlement determination, rejecting objecting defendant Fisher Controls' challenges.

Federal district courts

U.S. District Court, District of Hawaii

• Agena v. Cleaver-Brooks, Inc. (2020). The court granted Cleaver-Brooks' motion under Rule 42(b) and ordered 56 separate trials, one for each underlying asbestos settlement, rejecting the plaintiffs' request for a single trial.
• Cabasug v. Crane Company (2014). The district court granted summary judgment to Maxim Evaporators, LLC and Viad Corp. against plaintiffs Robert and Joyce Cabasug, finding no genuine issue that Cabasug was exposed to asbestos supplied by their alleged predecessors.
• Cabasug v. Crane Co. (2013). The court granted in part and denied in part the Cabasugs' motion: the sophisticated user defense survives for defendants, but the sophisticated purchaser defense was struck for lack of evidence; Aurora Pump's summary judgment motion was denied.
• Cabasug v. Crane Co. (2013). The court denied the Cabasugs' motion to apply Hawaii substantive law and ruled that admiralty law governs their asbestos tort claims against the defendant product makers.
• Cabasug v. Crane Company (2013). The court granted Ametek's summary judgment motion, granted Aurora Pump's and Crane's motions in part (as to external insulation and flange gaskets and pads), denied Cleaver Brooks' motion, and denied the Cabasugs' motion on the duty to warn.
• In re Hawaii Federal Asbestos Cases (1986). The district court granted the plaintiffs' motion to strike the state of the art defense to their strict products liability claims (while still allowing such evidence on negligence), ruling against the defendant manufacturers, and held plaintiffs may use the consumer expectation test.