Texas Asbestos Case Law

Asbestos decisions from Texas's courts and the federal courts there: 117 cases in our library so far. For what the law requires today, see Texas asbestos laws; for where exposure happened, see Texas asbestos exposure sites.

State supreme court

Texas Supreme Court

• Abutahoun v. Dow Chemical Company (2015). The Texas Supreme Court affirmed the court of appeals' judgment reversing the $2.64 million trial judgment and rendering a take-nothing judgment for Dow Chemical against the Henderson family.
• Bostic v. Georgia-Pacific Corp. (2014). The Texas Supreme Court affirmed the court of appeals' take-nothing judgment for Georgia-Pacific, holding that the plaintiffs' causation evidence was legally insufficient to support the jury verdict.
• Union Carbide Corporation v. Synatzske (2014). The Texas Supreme Court reversed the court of appeals, held that Dr. Prince's report did not satisfy the safety valve requirement and that Chapter 90 was not unconstitutionally retroactive as applied, and rendered judgment dismissing the Emmites' wrongful death suit against Union Carbide.
• Robinson v. Crown Cork & Seal Co., Inc. (2010). The Texas Supreme Court reversed the court of appeals, which had upheld summary judgment for Crown Cork & Seal, held Chapter 149 unconstitutionally retroactive as applied to the Robinsons' common-law claims, and remanded to the trial court.
• In re EI DU Pont DE Nemours and Company (2009). The Texas Supreme Court conditionally granted DuPont's mandamus petition and directed the trial court to state its reasons for disregarding the jury verdict and granting Whisnant a new trial; it declined to review the new-trial grounds themselves.
• In re Global Sante FE Corporation (2008). The Texas Supreme Court conditionally granted GlobalSantaFe's mandamus petition, directing the silica MDL pretrial court to vacate its order remanding John Lopez's Jones Act case, because Chapter 90's expert-report and MDL transfer provisions are not preempted, though the minimal-impairment requirement is.
• N RE General Electric Company (2008). The Texas Supreme Court held the trial court abused its discretion in denying General Electric, Warren Pumps and Ingersoll-Rand's forum non conveniens motions, and conditionally granted mandamus directing dismissal, against plaintiff Richards.
• Borg-Warner Corporation v. Flores (2007). The Texas Supreme Court reversed the court of appeals' judgment, which had affirmed Arturo Flores's jury verdict, and rendered judgment for Borg-Warner because the causation evidence was legally insufficient.
• Pustejovsky v. Rapid-American Corp. (2000). The Texas Supreme Court reversed the court of appeals' affirmance of summary judgment for Rapid-American on limitations grounds and remanded to the trial court, so Pustejovsky's mesothelioma suit may proceed.
• Todd Shipyards Corporation v. Perez (2000). The Texas Supreme Court denied Todd Shipyards' petition for review, leaving in place the court of appeals' reversal of summary judgment for Todd and in favor of Garcia's daughters; Justices Hecht and Owen dissented from the denial.
• Temple-Inland Forest Products Corp. v. Carter (1999). The Texas Supreme Court reversed the court of appeals' judgment to the extent it reinstated the plaintiffs' actual damages claims, and rendered judgment that Carter and Wilson take nothing against Temple-Inland, which won.
• In re Ethyl Corp. (1998). The Texas Supreme Court denied the petition for writ of mandamus, leaving in place the trial court's order setting twenty-two workers' asbestos premises claims for a single trial, so the defendants (Ethyl, USX, Todd Shipyards and Texas City Refining) lost and the plaintiffs won.
• Owens-Corning Fiberglas Corp. v. Malone (1998). The Texas Supreme Court affirmed both courts of appeals' judgments for the plaintiffs against Owens-Corning Fiberglas, holding any error in excluding OCF's mitigation evidence harmless and that the punitive awards, alone or aggregated with prior paid awards, did not violate due process.
• Able Supply Co. v. Moye (1995). The Texas Supreme Court conditionally granted mandamus for the defendants, ordering the trial court to vacate its denial of their motion to compel and to require plaintiffs to supplement their answers to interrogatory 30 within sixty days.
• Gaulding v. Celotex Corp. (1989). The Texas Supreme Court affirmed the court of appeals' judgment upholding summary judgment for Celotex, National Gypsum, U.S. Gypsum, Keene and GAF against the survivors of Ethel Gaulding.

State appeals courts

Texas Court of Appeals

• Burford v. Howmet Aerospace, Inc. (14th District, 2024). The court of appeals reversed the trial court's no-evidence summary judgment for Alcoa (Howmet Aerospace) and remanded for further proceedings, ruling for the Burford family.
• Fisher v. BNSF Railway Company (2nd District, 2022). The court affirmed the take-nothing summary judgment for BNSF Railway, holding that Alan Fisher's 2006 release barred his widow June's FELA suit over his asbestos-related lung cancer.
• Payne v. BNSF Ry. Co. (2nd District, 2022). The Fort Worth Court of Appeals affirmed the take-nothing summary judgment for BNSF, holding that Harrah's 2017 release barred his daughter's FELA claims for his lung cancer and death.
• Neely EX rel. Estate OF Goehring v. Union Carbide Corporation (14th District, 2021). The court of appeals affirmed the trial court's no-evidence summary judgment for Union Carbide, so the Goehring children's wrongful death claim failed.
• Andrews v. John Crane, Inc. (14th District, 2020). The appeals court affirmed that maritime law applied and that JCI did not waive it, but reversed the take-nothing judgment for John Crane, Inc. because the trial court wrongly barred recovery of Pepper's pre-death pain and suffering, and remanded for further proceedings.
• Massachusetts Bay Insurance Company v. Adkins (1st District, 2020). The court of appeals affirmed the MDL court's orders: it denied Massachusetts Bay's special appearance in the Adkins litigation, denied the Adkins and Able plaintiffs' motions to remand, and granted the other insurers' special appearances.
• Massachusetts Bay Insurance Company v. Adkins (1st District, 2020). The court ordered the parties to file post-argument briefs on the proof needed to show a malignant mesothelioma or other asbestos-related cancer diagnosis under section 90.010(a)(3), whether the MDL court must make a written finding, and the standard of review; it decided nothing else.
• Bell Helicopter Textron, Inc. v. Dickson (5th District, 2019). The court of appeals reversed the trial court's judgment for the Dickson family against Bell Helicopter Textron and rendered a take-nothing judgment, because there was no evidence of the gross negligence elements.
• Union Carbide Corporation v. Torres (13th District, 2019). The court affirmed the judgment for Oscar and Dora Torres against Union Carbide Corporation, but reversed the judgment against Garlock's successor GST Settlement Facility and rendered a take-nothing judgment for Garlock.
• Jefferson County v. Farris (2018). The court of appeals reversed only the denial of the plea as to exemplary damages, rendering judgment dismissing that claim against Jefferson County, and otherwise affirmed the denial of the County's plea to the jurisdiction, so Mrs. Farris's claims proceed.
• Jefferson County v. Farris (1st District, 2018). The court of appeals rendered judgment dismissing Ellarene Farris's wrongful-death and survival claims against Jefferson County, reversing the denial of the County's plea to the jurisdiction, because the County did not receive Tort Claims Act notice within six months of the last exposure; one justice dissented.
• Goodyear Tire & Rubber Company v. Rogers (5th District, 2017). The court of appeals overruled Goodyear's challenges to the gross negligence and causation findings but sustained its challenge to the exemplary damages cap calculation, suggesting that the Rogers family remit $1,740,000 of the $2,890,000 award; if they do, the judgment is modified to $1,150,000 and affirmed, and if not, it is reversed and remanded for a new trial.
• In re EI DU Pont DE Nemours and Company (9th District, 2015). The court of appeals conditionally granted DuPont's mandamus petition, holding the trial court abused its discretion by granting Whisnant's estate a new trial after the jury found for DuPont, and expecting the trial court to vacate that order and enter judgment on the verdict.
• Hearn v. Snapka (13th District, 2012). The court of appeals affirmed summary judgment for attorney Kathryn Snapka, ruling against former client Charlotte Hearn on her legal malpractice claim.
• Union Carbide Corp. v. Synatzske (2012). The en banc court affirmed the MDL pretrial court's order denying Union Carbide's motion and renewed motion to dismiss, so the Emmites' asbestosis wrongful-death claims could go forward.
• Union Carbide Corporation v. Synatzske (1st District, 2012). The en banc court affirmed the MDL pretrial court's order denying Union Carbide's motion and renewed motion to dismiss, so the Emmites' wrongful death claims could go forward; Union Carbide lost.
• In re Kansas City Southern Railway Company (14th District, 2011). The court of appeals denied Kansas City Southern Railway's petition for writ of mandamus, leaving in place the trial court's order denying its motion to dismiss the employees' claims.
• Union Carbide Corporation v. Synatzske (1st District, 2011). The court of appeals affirmed the MDL pretrial court's order denying Union Carbide's motion and renewed motion to dismiss, ruling for the Emmites, though it found Dr. Prince's reports did not meet the pulmonary function testing requirement.
• Darden v. Union Carbide Corporation (14th District, 2010). The court of appeals affirmed summary judgment for Union Carbide, holding the Dardens' 1990 release barred the family's gross negligence and exemplary damages claims and supported Union Carbide's indemnity counterclaim; the Darden family lost.
• Georgia-Pacific Corporation v. Bostic (5th District, 2010). The court of appeals reversed the judgment for the Bostic family and rendered judgment that they take nothing from Georgia-Pacific, because the evidence of causation was legally insufficient.
• Smith v. Kelly-Moore Paint Company, Inc. (2nd District, 2010). Affirmed the no-evidence summary judgment for Kelly-Moore Paint Company against the Smiths, because they offered no evidence of a minimum threshold dose of chrysotile that increases mesothelioma risk.
• Uop, LLC v. Kozak (1st District, 2010). The court of appeals reversed the trial court's refusal to dismiss the Kozak Plaintiffs' failure-to-warn claim against UOP for lack of a certificate of merit, affirmed the rest of the order, and remanded with instructions to dismiss that claim; UOP won and the Kozak Plaintiffs lost.
• In re Wilhite (2009). The court of appeals denied the Wilhites' petition for mandamus, so the judge stayed on the case and Alcoa prevailed over the Wilhites, with three justices dissenting.
• Ross v. Union Carbide Corporation (14th District, 2009). The en banc court affirmed summary judgment for Union Carbide, holding that the 1993 release signed by Homer and Marjorie Ross barred the survivors' exemplary-damages and loss-of-consortium claims, and it overruled Perez v. Todd Shipyards.
• Union Carbide Corporation v. Smith (1st District, 2009). The court of appeals reversed the judgment for Oliver and Peggy Smith and rendered a take-nothing judgment for Union Carbide and Hexion, holding there was no evidence of Union Carbide's control and that the workers' compensation exclusive remedy barred the claims against Hexion.
• Exxon Mobil Corporation v. Altimore (14th District, 2008). The court of appeals reversed the exemplary damages judgment for Louise Altimore against Exxon Mobil and rendered a take-nothing judgment, holding the evidence legally insufficient to show malice.
• Ford Motor Company v. Miller (14th District, 2008). The Texas Court of Appeals reversed the $10,000,000 jury verdict and rendered judgment for Ford Motor Company, holding Ford owed no duty to Carolyn Miller and that John Roland had no compensable injury or damages evidence.
• Satterfield v. Crown Cork & Seal Co., Inc. (3rd District, 2008). The court of appeals reversed the summary judgment for Crown Cork & Seal and remanded, holding the Texas successor-asbestos-liability statute unconstitutional as applied to Satterfield's pending claim; Satterfield won, Crown Cork lost, and the Chief Justice dissented.
• Alcoa, Inc. v. Behringer (5th District, 2007). The appeals court reversed the judgment on the jury verdict for Barbara and Leroy Behringer and rendered judgment that they take nothing against Alcoa, because Alcoa owed Mrs. Behringer no legal duty.
• Alcoa, Inc. v. Behringer (5th District, 2007). The court of appeals reversed the judgment on the jury verdict for Barbara and Leroy Behringer and rendered judgment that they take nothing against Alcoa, because Alcoa owed no legal duty.
• Exxon Mobil Corporation v. Altimore (14th District, 2007). The court of appeals reversed the judgment for Louise Altimore and rendered a take-nothing judgment, holding Exxon owed her no duty before 1972 because take-home asbestos risk was not foreseeable to it until then.
• Georgia-Pacific Corp. v. Stephens (2007). The court of appeals reversed the judgment on the jury verdict for Fred and Betty Stephens and rendered judgment for Georgia-Pacific, because the expert causation testimony was legally insufficient.
• Georgia-Pacific Corporation v. Stephens (1st District, 2007). The court of appeals reversed the judgment for Fred and Betty Stephens against Georgia-Pacific and rendered judgment for Georgia-Pacific, because the expert causation testimony was legally insufficient.
• Brooks v. Armco, Inc. (6th District, 2006). The court of appeals affirmed the take-nothing judgment for Armco, rejecting the plaintiffs' challenges to jury selection and the Batson-Edmonson hearing.
• Exxon Mobil Corporation v. Altimore (14th District, 2006). The court reversed the trial court's judgment on the jury verdict for Louise Altimore and rendered a take-nothing judgment, holding Exxon Mobil owed her no duty during the relevant period.