North Carolina Asbestos Case Law

Asbestos decisions from North Carolina's courts and the federal courts there: 105 cases in our library so far. For what the law requires today, see North Carolina asbestos laws; for where exposure happened, see North Carolina asbestos exposure sites.

Federal district courts

U.S. District Court, Middle District of North Carolina

• Ratcliff v. American Honda Motor Co. Inc. (2019). The magistrate judge recommended granting summary judgment to Ford, Brenntag Specialties, Whittaker Clark & Daniels and Honeywell because Ratcliff's claims were time-barred, and recommended terminating the other pending motions as moot.
• Smith v. 3M Company (2019). The court granted summary judgment to Farmers Chemical Association and Schlage Lock Company and dismissed both from the wrongful death action brought by Dorothy Smith, the executrix of Julian Smith's estate.
• Zurich American Ins. Co. v. Covil Corporation EX rel. Protopapas (2019). The court denied Covil Corporation's and the North Carolina claimants' motions to dismiss for failure to join the receiver and the South Carolina claimants and to abstain under Colorado River, leaving the alternative motions to stay under advisement; Zurich and the other insurers prevailed on these motions.
• Bell v. American International Industries (2018). The court denied American International Industries' motion to dismiss the punitive damages claim, granted it as to the civil conspiracy claim, and denied plaintiff Bell's request to amend his complaint.
• Connor v. Norfolk Southern Railway Company (2018). The court granted summary judgment to Covil Corporation and Daniel International Corporation on all claims because the plaintiff could not show Mr. Connor was exposed to their asbestos insulation with sufficient frequency, regularity and proximity, and denied the Daubert motions as moot.
• Finch v. BASF Catalysts LLC (2018). The court granted summary judgment to defendant McNeil & NRM, Inc. (MNRM) against plaintiff Ann Finch, and also granted MNRM's motion to strike late deposition answers to the extent they went beyond authenticating documents.
• Finch v. BASF Catalysts LLC (2018). The court granted in part and denied in part Covil's summary judgment motion: the plaintiff's negligence and failure to warn claims over Firestone plant exposure go forward, while the other claims were dismissed, and Covil's motion to strike was denied.
• Finch v. BASF Catalysts LLC (2018). The court granted Pfizer's motion to strike the report and testing of plaintiff's expert Sean Fitzgerald and denied plaintiff Ann Finch's motion for spoliation sanctions against Pfizer.
• Ratcliff v. American Honda Motor Co., Inc. (2018). The magistrate judge recommended granting Ford Motor Company's and Hennessy Industries' renewed motions and dismissing the fraud count (Count 8) against them, leaving the plaintiff's other claims in place.
• Vanhoy v. American International Industries (2018). The magistrate judge recommended denying American International Industries' motion to dismiss the gross negligence and punitive damages claims (a loss for the defendant) and granting it as to the civil conspiracy claim (a win for the defendant).
• Queen v. CBS Corporation (2017). The court granted Union Carbide Corporation's unopposed motion for summary judgment and dismissed the executor's claims against it with prejudice, because there was no evidence Queen was exposed to a Union Carbide product.
• Stewart v. Aurora Pump Company (2017). The magistrate judge recommended granting Kelly-Moore Paint Company's motion to dismiss Mary Lou Stewart's individual loss of consortium claim, because North Carolina law requires it to be brought under the wrongful death statute.
• Young v. American Talc Company (2017). The court granted the motions of Master Industries, Inc. and Master Industries Worldwide, LLC to dismiss for lack of personal jurisdiction and dismissed them without prejudice; the plaintiff lost as to those two defendants.
• Branson v. American International Industries (2016). The magistrate judge recommended denying Brenntag North America's and Brenntag Specialties' motions to dismiss for lack of personal jurisdiction, without prejudice to raising viable jurisdiction defenses at trial, and denied plaintiff Branson's jurisdictional discovery motion as moot.
• Smith v. American Honda Motor Co., Inc. (2016). The court granted Honeywell's summary judgment motion on punitive damages and fraud, and denied it on the implied warranty, failure to warn and design defect claims, which go to trial with the negligence and wrongful death claims; Ms. Smith lost on punitive damages and fraud and won on the rest.
• Young v. 3M Company (2016). The magistrate judge granted Plaintiffs' motion for limited jurisdictional discovery on specific personal jurisdiction over Master Industries, Inc. and Master Industries Worldwide, LLC, over their objections.
• Logan v. Air Products and Chemicals, Inc. (2014). The court granted The William Powell Company's motion for summary judgment against the estate and wife of Ralph Logan because the plaintiffs did not show he was actually exposed to asbestos from a Powell valve.
• Logan v. Air Products and Chemicals, Inc. (2014). The court granted summary judgment to Foster Wheeler Energy Corporation, ruling against the plaintiffs, the Logan estate and Lois Logan, for lack of evidence of exposure to a Foster Wheeler asbestos product or of a duty to warn.
• Logan v. Air Products and Chemicals, Inc. (2014). The court denied summary judgment to Air Products (as successor to Catalytic), Crane Company and Ingersoll-Rand, and granted Air Products' separate motion on claims against it individually, dismissing those claims with prejudice.

U.S. District Court, Western District of North Carolina

• In re Alrich Pump, LLC (2023). The district court granted the Appellants' (Non-Party Certain Matching Claimants') motion and stayed the Bankruptcy Court's order denying anonymity pending appeal, ruling against debtor Aldrich Pump LLC's position.
• Non-Party Certain Matching Claimants v. Aldrich Pump LLC (2023). The district court granted the Non-Party Certain Matching Claimants' motion to stay the bankruptcy court's order denying anonymity pending their appeal, ruling against Aldrich Pump and Murray Boiler.
• The Manville Trust Matching Claimants v. Dbmp, LLC (2023). The district court affirmed the Bankruptcy Court's order denying the Manville Trust Matching Claimants' request to proceed anonymously in the subpoena dispute with DBMP, and denied their motion to stay pending appeal as moot.
• Bantin v. Air & Liquid Systems Corporation (2022). The court granted summary judgment to Weir Valves & Controls USA, Inc. (as successor to Atwood & Morrill), dismissing the Bantins' claims against it with prejudice, and denied the Bantins' summary judgment motion on Atwood & Morrill's affirmative defenses as moot.
• Barkley v. 4520 Corp., Inc. (2022). The court granted Foster Wheeler's motion for summary judgment and dismissed all of the plaintiff's claims against it with prejudice, struck the Carpenter affidavit, and denied the remaining motions as moot.
• In re Bestwall LLC (2022). The district court granted Bestwall LLC's amended motion to dismiss and dismissed the asbestos claimants' appeal of the bankruptcy court's contempt and sanctions orders, because those orders are interlocutory and not immediately appealable.
• Penegar v. Liberty Mutual Insurance Company (2022). The district court adopted the magistrate judge's recommendation and granted Liberty Mutual's and Verisk's motions to dismiss the executrix's Medicare Secondary Payer Act suit for lack of Article III standing, and closed the case.
• In re Bestwall LLC (2021). The district court denied the Future Claimants' Representative's request for leave to appeal the Bankruptcy Court's PIQ Order and dismissed the appeal, ruling the order was not final; Bestwall LLC prevailed.
• In re Bestwall LLC (2021). The district court granted in part and denied in part the Asbestos Claimants' Committee's motion for rehearing, declined to hear the merits of its appeal of the PIQ Order, and dismissed the appeal, so Bestwall LLC prevailed on jurisdiction while the committee may appeal later with a final order.
• In re Bestwall LLC (2021). The district court held the bankruptcy court's order allowing Bestwall LLC to send personal injury questionnaires to mesothelioma claimants was not a final order, denied the asbestos claimants' committee leave to bring an interlocutory appeal, and affirmed the order.
• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The court granted summary judgment to Eaton, BWDAC, ZF Active Safety US, PACCAR and Daimler Trucks North America and dismissed the Settlemyers' claims against them with prejudice.
• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The court granted the defendants' motions to exclude the specific-causation opinions of plaintiffs' experts Dr. Holstein and Dr. Staggs, and largely denied the plaintiffs' motion to exclude the defendants' experts.
• Settlemyer v. Borg-Warner Morse Tec, LLC (2021). The magistrate judge denied the plaintiffs' motion to compel Carlisle Industrial Brake & Friction to give corporate deposition dates (without prejudice, as premature) and to respond to Requests for Production 10, 12 and 13 (as overly broad), and denied the remaining issues as moot.
• In re Garlock Sealing Technologies LLC (2017). The district court confirmed the modified joint Chapter 11 plan for Garlock Sealing Technologies, Garrison, Anchor and OldCo (successor to Coltec), adopted the bankruptcy court's findings, overruled Travelers' objection, and issued the asbestos channeling injunction, with the plan proponents prevailing.
• Lineberger v. CBS Corporation (2017). The court denied Siemens Corporation's motion to certify its earlier order denying dismissal for interlocutory appeal, so the plaintiffs (the Linebergers) prevailed on this motion.
• Lineberger v. CBS Corporation (2017). A magistrate judge recommended that the District Court deny RSCC Wire and Cable LLC's Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction, so the Linebergers' claims against RSCC would go forward, and also granted RSCC an extension of time nunc pro tunc.
• Lineberger v. CBS Corporation (2017). The magistrate judge recommended that the district court deny Siemens' motion to dismiss, and its alternative motion for a more definite statement, in the Lineberger mesothelioma suit, which favors the plaintiffs.
• Moore v. Alcatel-Lucent USA, Inc. (2017). The court granted summary judgment to Alcatel-Lucent (successor to Western Electric) and dismissed the Moores' claims with prejudice because the North Carolina Workers' Compensation Act's exclusivity provisions barred them.
• Phillips v. Pneumo Abex LLC (2016). The court denied the plaintiffs' motion for a new trial against Pneumo Abex LLC, leaving in place the jury verdict for Abex and Reddaway Manufacturing.
• Richardson v. Pcs Phosphate Company, Inc. (2016). The court granted in part and denied in part PCS Phosphate's and Broadspire's motions to dismiss: Richardson's Medicare Secondary Payer, breach of contract and unfair trade practices claims survived, but his unjust enrichment claim was dismissed with prejudice.
• Garlock Sealing Technologies, LLC v. Simon Greenstone Panatier Bartlett (2015). The district court denied the defendant law firms' and lawyers' motions to transfer venue to Texas or California and to abstain, so Garlock and its litigation management affiliate won and the fraud and RICO suits stay in the Western District of North Carolina.
• Garlock Sealing Technologies, LLC v. Simon Greenstone Panatier Bartlett, A Professional Corporation (2015). The court denied the defendant law firm and lawyers' motions to dismiss as time-barred and to strike or dismiss for failure to state a claim, so Garlock's fraud, conspiracy and RICO claims went forward.
• Harris v. Ajax Boiler, Inc. (2014). The court granted summary judgment to Crane Co., Cleaver-Brooks, Riley Power and Trane and dismissed them from the case, ruling against plaintiff Robin Harris.
• Harris v. Ajax Boiler, Inc. (2014). The court denied non-party Duke University Health System's motion for a protective order and for reconsideration, and ordered Duke to release the requested tissue blocks to the defendants' expert within ten days.
• Legal Newsline v. Garlock Sealing Technologies LLC (2014). The district court reversed the bankruptcy court's orders sealing the Garlock estimation hearing, transcript and exhibits and closing the courtroom, remanded for findings on sealing, and withdrew the reference of Garlock's non-core fraud and RICO claims against plaintiffs' law firms; Legal Newsline and other appellants won.
• Starnes v. AO Smith Corporation (2014). The court granted summary judgment to seven defendants (FMC/Crosby, FMC/Peerless, Sterling, Gardner Denver, Watts, Ingersoll Rand and Trane) because plaintiffs did not respond, and dismissed them from the case.
• Taylor v. Alcatel-Lucent USA, Inc. (2014). The court denied Alcatel-Lucent's motion to dismiss or stay, refusing Colorado River abstention, finding no abuse of process, and denying fees and costs, so plaintiff Taylor's suit continues.
• Young v. Agco Corporation (2014). The district court overruled Higbee's objections, accepted the Magistrate Judge's recommendation, and denied Higbee Inc.'s motion to dismiss for lack of personal jurisdiction, so the plaintiffs' claims against Higbee continue.
• Gardner v. Asbestos Corp., Ltd. (1986). The federal district court denied defendant Cassiar Mining Corporation's motion for partial summary judgment, so plaintiffs John and Atha Gardner may pursue claims based on asbestos fibers sold more than six years before suit.

Federal bankruptcy courts

U.S. Bankruptcy Court, Western District of North Carolina

• In re Aldrich Pump LLC (2023). The bankruptcy court denied the asbestos claimants' committee's and Maune claimants' motions to dismiss the Aldrich Pump and Murray Boiler Chapter 11 cases, so the Debtors prevailed.
• In re Aldrich Pump LLC (2021). The bankruptcy court granted the Debtors' partial summary judgment motion declaring the automatic stay applies to asbestos actions against the non-debtor Protected Parties, maintained the preliminary injunction against such actions, and granted in part and denied in part the asbestos claimants committee's motion to compel.