Rhode Island Asbestos Case Law

Asbestos decisions from Rhode Island's courts and the federal courts there: 60 cases in our library so far. For what the law requires today, see Rhode Island asbestos laws; for where exposure happened, see Rhode Island asbestos exposure sites.

State trial courts

Rhode Island Superior Court

• Plympton v. American Standard (inc.) (2008). The court denied Kaiser Gypsum Company's motion for summary judgment based on the statute of repose, finding genuine issues of material fact, so plaintiff Elaine Plympton's claims continued.
• Hicks v. Biltrite (2007). The court denied CertainTeed Corporation's motion for summary judgment, so plaintiffs Deborah and William Hicks may continue their claim against it.
• LaPOINTE V 3M Company (2007). The court denied defendant Laars Heating Systems' summary judgment motion as premature, ordered Laars to give more responsive answers to the master interrogatories and document requests, and gave the LaPointes more time to review them.
• LaPOINTE v. 3M Company (2007). The court denied Heatbath Corporation's motion for summary judgment, ruling that the LaPointes' claims were not barred by the statute of repose and that fact issues remained for trial.
• Lapointe v. 3M Company (2007). The court denied Parker Boiler Corporation's motion for summary judgment as premature and ordered Parker to give more responsive answers to the court-approved master interrogatories and requests for production within fourteen days, so the LaPointe plaintiffs prevailed on the motion.

Federal district courts

U.S. District Court, District of Rhode Island

• Moore v. Crane Company (2021). The court granted the plaintiffs' motion to remand, holding Electric Boat had not met its burden for federal officer removal, and sent the case back to Rhode Island Superior Court; the Moores prevailed over Electric Boat.
• Mannix v. CBS Corporation (2019). The District Court denied Patricia Mannix's motion to remand, holding that CBS Corporation's federal-officer removal was timely and that CBS had raised a colorable government contractor defense.
• Stevens v. Air & Liquid Systems Corporation (2017). The court accepted the magistrate judge's recommendation and denied Foster Wheeler's motion for summary judgment on the bare metal, sophisticated user, government contractor and loss of consortium issues, so the plaintiff's claims against Foster Wheeler continue.
• US v. Hugo Key and Son, Inc. (1989). The district court granted summary judgment on liability to the United States against Hugo Key and Son, Inc. on all five Clean Air Act and asbestos NESHAP claims, leaving civil penalties and injunctive relief for trial.
• Westfall v. Whittaker, Clark & Daniels (1983). The court granted summary judgment to Omya and Windsor Minerals, ruling that the estate's claims against them failed because they were not duly served within a reasonable time, and the estate lost.