Kentucky Asbestos Case Law

Asbestos decisions from Kentucky's courts and the federal courts there: 59 cases in our library so far. For what the law requires today, see Kentucky asbestos laws; for where exposure happened, see Kentucky asbestos exposure sites.

Federal district courts

U.S. District Court, Western District of Kentucky

• Clouse v. Associated Drywall Suppliers, Inc. (2019). The court granted Michael Clouse's motion to remand his talc mesothelioma suit to Jefferson Circuit Court, rejecting Johnson & Johnson's bankruptcy-related removal, and denied all other pending motions as moot.
• Hayes v. Colgate-Palmolive Company (2019). The district court granted the executrix's motion to remand her wrongful death talc case against Johnson & Johnson to Jefferson Circuit Court on equitable grounds and denied her request for attorney's fees and costs.
• Surita v. Arvinmeritor, Inc. (2017). The court granted summary judgment to all defendants (Meritor, Arvinmeritor, Goodyear, Trane, Meritor WABCO, Caterpillar, Navistar and Genuine Parts) because plaintiff Rojelio Surita offered no proof their products were a substantial factor in his wife's mesothelioma, and denied Genuine Parts' jurisdiction motion as moot.
• Brown v. Kentucky Utilities Company (2015). The court severed General Electric's third-party claims against the Tennessee Valley Authority, stayed them, declined supplemental jurisdiction and remanded the plaintiffs' claims to Jefferson Circuit Court, granting the plaintiffs' motion.
• Stallings v. Georgia-Pacific Corporation (2015). The district court granted summary judgment to Georgia-Pacific, IMO Industries, Crane Company, John Crane Inc. and CBS Corporation because the plaintiff could not show that any defendant's product was a substantial factor in causing Stallings's mesothelioma, and the plaintiff lost.
• Holland v. Union Carbide Corporation (2013). The court denied Union Carbide Corporation's motion for summary judgment based on the military contractor defense, so the plaintiff's claims against it continue.
• Stallings v. Georgia-Pacific Corporation (2013). The court denied the Stallings' motion to remand, keeping the case in federal court on General Electric's and Crane Company's federal officer removal.
• Bush v. Eaton Corporation (2010). The district court granted the plaintiff's motion to remand to Warren Circuit Court, finding a colorable claim against plant supervisor Kinsner so there was no fraudulent joinder, and denied fees and costs; the removing defendants lost on remand but won on timeliness and fees.
• Fleischman v. CSX Transportation, Inc. (2007). The court granted CSX Transportation summary judgment against Pauline Fleischman, holding that the 1986 release barred the claims and that FELA's three-year limitations period barred the personal injury claim, and dismissed all claims.