Oklahoma Asbestos Case Law

Asbestos decisions from Oklahoma's courts and the federal courts there: 13 cases in our library so far. For what the law requires today, see Oklahoma asbestos laws; for where exposure happened, see Oklahoma asbestos exposure sites.

State supreme court

Oklahoma Supreme Court

• Galier v. Murco Wall Products, Inc. (2022). The Oklahoma Supreme Court vacated the Court of Civil Appeals' decision and affirmed the trial court, holding Oklahoma has specific personal jurisdiction over Murco, so Galier's judgment against Murco stands.
• Case v. Fibreboard Corp. (1987). Answering a question certified by the Tenth Circuit, the Oklahoma Supreme Court held that Oklahoma would not recognize market share or other collective liability in asbestos injury cases where the plaintiff cannot identify the specific tortfeasors, favoring the defendant manufacturers over Mr. and Mrs. Case.

State appeals courts

Oklahoma Court of Civil Appeals

• Olsen v. Oklahoma Gas and Elec. Co. (4th Division, 2012). The Court of Civil Appeals reversed summary judgment for Oklahoma Gas and Electric Co. and remanded, holding the statute of repose did not bar Eloise Olsen's wrongful death claims.
• Zinc Corp. OF America v. Reeder (2nd Division, 2007). The Court of Civil Appeals sustained the three-judge Workers' Compensation Court panel's order awarding death benefits to Naomi Reeder, so Zinc Corporation of America and Ace American lost.
• Fautheree v. McCaffrey (3rd Division, 2005). The appeals court affirmed summary judgment for the law firm and lawyers (McCaffrey, Thompson, McCaffrey & Gibson) against widow Patsy Fautheree's legal malpractice claim, because her workers' compensation claim would have been time-barred anyway.

Federal appeals courts

U.S. Court of Appeals, Tenth Circuit

• Angelo v. Armstrong World Industries, Inc. (1993). The Tenth Circuit affirmed the denial of the Angelos' motion for a new trial and the judgment for the asbestos product defendants entered on the jury's phase-one verdict.
• Fisher v. Owens-Corning Fiberglass Corp. (1989). The Tenth Circuit affirmed the district court's dismissal, treated as summary judgment, holding that Fisher's 1986 mesothelioma suit was barred by his earlier release, so the asbestos defendants won and the Fishers lost.

Federal district courts

U.S. District Court, Northern District of Oklahoma

• Public Service Company v. Austin Power, Inc. (2016). The court denied Austin Power's motion for judgment on the pleadings, so Public Service Company of Oklahoma's contractual indemnity claims over the McDoulett asbestos settlement could go forward.

U.S. District Court, Western District of Oklahoma

• Bootenhoff v. Hormel Foods Corporation (2014). The court granted summary judgment to Meadwestvaco Corporation and MW Custom Papers, LLC and against plaintiffs Bootenhoff, holding the Mead defendants owed no duty of care to Norma Bootenhoff; it denied the motion to strike as moot.
• Bootenhoff v. Hormel Foods Corporation (2014). The court granted Cleaver-Brooks' motion for summary judgment on the products liability and negligence claims, ruling for Cleaver-Brooks and against the Bootenhoffs, and denied its motion to strike as moot.
• Bootenhoff v. Hormel Foods Corporation (2014). The court granted International Paper Company's motion for summary judgment, holding it owed no duty of care to Norma Bootenhoff, so the Bootenhoffs' negligence and punitive damages claims failed; IPC's motion to strike was denied as moot.
• Bootenhoff v. Hormel Foods Corporation (2012). The court granted Hormel Foods Corporation's motion to dismiss for lack of personal jurisdiction, dismissing Hormel from the case; the Bootenhoffs' claims against the other defendants continued.

Federal bankruptcy courts

U.S. Bankruptcy Court, Western District of Oklahoma

• In re Imerys Talc America, Inc. (2019). The bankruptcy court granted Sara Van Horn's motion to remand her wrongful death suit against Johnson & Johnson to Oklahoma County District Court, finding J & J had not shown 'related to' jurisdiction based on the Imerys bankruptcy.