Nebraska Asbestos Case Law

Asbestos decisions from Nebraska's courts and the federal courts there: 4 cases in our library so far. For what the law requires today, see Nebraska asbestos laws; for where exposure happened, see Nebraska asbestos exposure sites.

State supreme court

Nebraska Supreme Court

• Olivotto v. DeMarco Bros. Co. (2007). The Nebraska Supreme Court affirmed the Workers' Compensation Court review panel's decision for Mrs. Olivotto on causation and medical expenses, reduced the medical award by $4,800 for double recovery, upheld the denial of weekly indemnity benefits, and dismissed her cross-appeal.
• Osteen v. AC & S., Inc. (1981). The Nebraska Supreme Court affirmed the Workmen's Compensation Court's award on rehearing, which made Peter Kiewit Sons' Company pay the whole death benefit to the widow, Connie Osteen, and it allowed her a $2,500 attorney fee on appeal.

State appeals courts

Nebraska Court of Appeals

• In re Estate of McConnell (2020). The Nebraska Court of Appeals reversed the county court's allocation of the Missouri asbestos settlement proceeds, which had gone entirely to the wrongful death claim (90% to the widow Wengert, 10% to the daughter Rajendran), and remanded for allocation to the estate's survival claim and for reapportionment of the wrongful death share; this favored the estate and daughter over the widow.

Federal district courts

U.S. District Court, District of Nebraska

• Butler v. Union Pacific R. Co. (2020). The district court denied Union Pacific's motion for summary judgment, holding that Butler's 2011 asbestosis release did not bar his FELA claim for colorectal cancer, so Butler prevailed on the motion.