West Virginia Asbestos Case Law

Asbestos decisions from West Virginia's courts and the federal courts there: 20 cases in our library so far. For what the law requires today, see West Virginia asbestos laws; for where exposure happened, see West Virginia asbestos exposure sites.

State supreme court

West Virginia Supreme Court of Appeals

• Bennett v. West Virginia Office OF Insurance Commissioner, W Va: Supreme Court of Appeals 2016 (2016). The West Virginia Supreme Court affirmed the Board of Review's decision granting dependent's benefits to Minnie Bennett, upholding August 16, 1983 as the date of last exposure and Corning, Inc. as the sole chargeable employer.
• Lawrentz v. Constellium Rolled Products Ravenswood, W Va: Supreme Court of Appeals 2015 (2015). The West Virginia Supreme Court affirmed the Board of Review's decision rejecting James Lawrentz's workers' compensation claim for lung cancer, in favor of the employer Constellium Rolled Products Ravenswood.
• Moore v. Aker Oil and Gas US, LLC, W Va: Supreme Court of Appeals 2015 (2015). The court affirmed the Board of Review's order, which upheld the denial of Judy Moore's claim for dependent's benefits against Aker Oil and Gas US, LLC, because she offered no evidence that her husband was exposed to asbestos at work in West Virginia.
• Bayer Corporation v. Toney, W Va: Supreme Court of Appeals 2013 (2013). The West Virginia Supreme Court affirmed the Board of Review's order granting Luann Toney dependents' benefits, ruling against Bayer Corporation.
• Hoffman v. West Virginia Office OF Insurance Commissioner, W Va: Supreme Court of Appeals 2012 (2012). The West Virginia Supreme Court affirmed the Board of Review's order denying Audrey Hoffman dependent's death benefits, so the widow lost and Appalachian Power Company and the Office of Insurance Commissioner prevailed.
• Ratliff v. Norfolk Southern Ry. Co. (2009). The West Virginia Supreme Court reversed summary judgment for Norfolk Southern and remanded, holding the release Mr. Ratliff signed in a voluntary separation program was void under FELA section 5 as to his mesothelioma claim unless it reflected a bargained-for settlement of that known claim.
• Adams v. Consolidated Rail Corp. (2003). The court reversed the denial of a new trial for Conrail and the other railroad defendants as to John Robinson and Ronald Shaffer, because their smoking histories should not have been excluded. It affirmed the denial as to Walter Knight and remanded.
• Lamphere v. Consolidated Rail Corp. (2001). The West Virginia Supreme Court affirmed the circuit court's order granting Lamphere's estate a new trial after a jury verdict for Conrail and Penn Central, finding no abuse of discretion.
• State Ex Rel. Allman v. MacQueen (2001). The West Virginia Supreme Court treated the petition as one for mandamus and granted the writ as modified, requiring the trial judge's asbestos master case management plan to be supplemented with an additional supervising judge and further trial-group planning, while leaving the plan in force.
• Marlin v. Bill Rich Const., Inc. (1996). The West Virginia Supreme Court reversed the circuit court's summary judgment for the Wetzel County Board of Education, which had held the workers' claims barred by immunity, and remanded for further proceedings, so the workers won this appeal.
• Newman v. Richardson (1991). The court granted the widows' mandamus petition as molded, ordering the Workers' Compensation Commissioner to reprocess their claims as occupational pneumoconiosis claims and to pay their attorney's fees, but it did not order immediate referral to the Occupational Pneumoconiosis Board.
• Powell v. State Workmen's Compensation Com'r (1980). The court reversed the Appeal Board's order rejecting the widow's death benefits claim and remanded for the lung cancer claim to be considered under the occupational disease standards of W.Va. Code § 23-4-1, favoring the widow Valena Powell over the Commissioner and Board of Regents.

State appeals courts

West Virginia Intermediate Court of Appeals

• Cantrell v. Adams Mfg Co., Inc. (2024). The West Virginia Intermediate Court of Appeals vacated the Workers' Compensation Board of Review's order, which had denied Mildred Cantrell's claim for dependents' benefits against Adams Mfg Co., and remanded for further proceedings.
• Murphy v. ST. Gobain Ceramics & Plastics, Inc. (2024). The intermediate appeals court affirmed the Workers' Compensation Board of Review's order denying Linda Murphy dependents' benefits, so the employer and the Old Fund prevailed over the widow.

Federal appeals courts

U.S. Court of Appeals, Fourth Circuit

• In re Celotex Corp. (1997). The Fourth Circuit affirmed the district court's denial of Owens-Illinois's motion to remand and its dismissal of the contribution action against Rapid American for lack of personal jurisdiction, so Rapid won and Owens-Illinois lost.

Federal district courts

U.S. District Court, Southern District of West Virginia

• Swiger v. AR Wilfley & Sons, Inc. (2020). The district court granted the plaintiff estate's emergency motion to remand and sent the case back to the Circuit Court of Kanawha County, rejecting the removal by J-M Manufacturing, Core & Main and Mueller.
• Siders v. 20th Century Glove Corporation OF Texas (2016). The district court granted the plaintiffs' motion to remand and sent the case back to the Circuit Court of Kanawha County, West Virginia, rejecting General Electric's federal officer removal.
• Amick v. Ohio Power Company (2014). The court granted in part and denied in part Ohio Power Company's motion for a protective order, limiting the time periods and topics of the plaintiff's Rule 30(b)(6) deposition of OPC's corporate designee.
• Amick v. Ohio Power Company (2013). The magistrate judge granted Ohio Power Company's motion to compel, ordering the Amicks to answer interrogatories identifying manufacturers, suppliers and contractors and to disclose which entities settled or were dismissed without payment, though not the settlement amounts.
• Hamrick v. A & I Company (2009). The district court denied plaintiff Wanda Hamrick's motion to remand, holding that federal enclave jurisdiction supported removal to federal court by defendant Pratt & Whitney.