What is asbestosis: Asbestos Court Decisions

Decisions in our case-law library that involve asbestosis: 395 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see What is asbestosis.

Kentucky

• Fleischman v. CSX Transportation, Inc. (2007). The court granted CSX Transportation summary judgment against Pauline Fleischman, holding that the 1986 release barred the claims and that FELA's three-year limitations period barred the personal injury claim, and dismissed all claims.
• General Elec. Co. v. Cain (2007). The Kentucky Supreme Court held that General Electric was not entitled to summary judgment on its exclusive-remedy defense and that nine of the sixteen premises owners in the Rehm case were, with seven owners' claims remanded; it also held that documented proof of workers' compensation coverage suffices absent contrary evidence, and that the immunity does not violate Kentucky's jural rights doctrine.
• White v. Cardinal Industrial Insulation Co., Inc. (2007). The Court of Appeals vacated the summary judgment that had dismissed Alice White's claims against Cardinal Industrial Insulation and remanded for further proceedings, ruling for the White estate.
• Combs v. Albert Kahn Associates, Inc. (2006). The Kentucky Court of Appeals affirmed summary judgment for Albert Kahn & Associates and Turner Construction, holding the Combses' lung cancer claims against them were time-barred.
• Bailey v. North American Refractories Co. (2001). The Court of Appeals reversed the Boyd Circuit Court's summary judgments for NARCO and for Westinghouse (CBS) and remanded the claims of the Armco Steel workers and their spouses for further proceedings.
• Carroll v. Owens-Corning Fiberglas Corp. (2000). Answering a question certified by the Sixth Circuit, the Kentucky Supreme Court held that Geraldine Carroll's lung cancer claim was not time-barred, which favors the plaintiff over the asbestos defendants (Owens-Corning and others).

Louisiana

• Wilson v. Ham (2024). A magistrate judge granted Wilson leave to file a second amended complaint and recommended dismissing his § 1983 claims against Dr. Ham, Warden Fleischman, Sheriff Smith and Dr. Gore in his official capacity, and the reimbursement claim, while letting the medical-indifference claim against Dr. Gore individually go forward.
• Allen v. Eagle Inc. (4th Circuit, 2022). The appeals court granted the insurers' writ applications but denied relief, leaving in place the trial court's denial of summary judgment and of the motions in limine, so plaintiffs' claims against Lykes' insurers (Hartford, Lloyd's, Edinburgh) continue.
• Dempster v. Lamorak Insurance Co. (2021). The court denied General Electric's motion for summary judgment and reconsideration, finding disputed fact issues about whether the 1991 release covered future lung cancer and wrongful death claims, so the plaintiffs' claims against General Electric continue.
• Dempster v. Lamorak Insurance Co. (2020). The federal district court denied the motion by Avondale (Huntington Ingalls), its executive officers' insurer Lamorak and other defendants for partial summary judgment declaring that Mr. Dempster's earlier settlements with 37 non-parties released his lung cancer claims, so the plaintiffs prevailed on the motion.
• Savoie v. Huntington Ingalls, Inc. (2019). The court granted in part and denied in part Avondale's motion, holding that five of eight earlier releases (Champion, Met Life, Amchem, Chesterton, A.P. Green) covered Savoie's future mesothelioma claim, while the B & W, Combustion Engineering and Garlock releases did not.
• Succession OF Adams (2nd Circuit, 2019). The appeals court affirmed summary judgment for Nancy Megas, executrix of Jacob Adams's succession, against legatee Diane Peoples, holding that the wrongful death and survival claims were not succession assets and the will's bequest of a share of the lawsuit was ineffective.
• Savoie v. Pennsylvania General Insurance Co. (2017). The court granted Owens-Illinois's re-urged exception of res judicata, holding the 1996 release barred the Savoie family's mesothelioma, wrongful death and survival claims against Owens-Illinois.
• Blow v. OneBEACON America Insurance Company (4th Circuit, 2016). The appellate court granted the plaintiffs' writ, agreed that Orleans Parish was improper venue for the direct action claims against OneBeacon as insurer of six executive officers (a win for OneBeacon), but amended the judgment to delete the dismissal and remanded for transfer to a proper venue (a partial win for the Blow plaintiffs).
• Oddo v. Asbestos Corporation Ltd. (4th Circuit, 2015). The appeals court reversed the judgment against Clariant/Southern Talc, affirmed Ford's liability, reallocated fault to Ford 65%, Union Carbide 25% and Higgins 10%, and amended the survival damages award against Ford, so the plaintiffs lost against Southern Talc but kept their judgment against Ford.
• White v. Entergy Gulf States Louisiana (1st Circuit, 2014). The court of appeal affirmed the trial court's $3.8 million survival-action general damages award for the plaintiffs against Entergy Gulf States Louisiana, over a dissent that would have capped the award at $2.8 million.
• Hymel v. Eagle, Inc. (4th Circuit, 2009). The Court of Appeal affirmed the trial court's judgment sustaining the exception of res judicata for J.D. Roberts and Commercial Union Insurance Company, dismissing Ralph Hymel's mesothelioma claims with prejudice based on his 1998 release.
• Lerille v. Monsanto Corporation (2007). The court granted Betty Lerille's motion to remand, severing and remanding her state-court suit because the defendant's removal was untimely, and denied her motion for Rule 11 sanctions and for attorneys' fees.
• Adams v. Owens-Corning Fiberglas Corp. (1st Circuit, 2005). The appeals court affirmed dismissal of Jefferson's tort claim against Cooper/T. Smith for asbestosis but reversed dismissal of his other claims, including colon cancer, and remanded.
• Cichirillo v. Avondale Industries, Inc. (2005). The Louisiana Supreme Court reversed the court of appeal and reinstated the trial court's judgment granting the exception of prescription for Peter Territo and Avondale Industries (Northrop Grumman Ship Systems), dismissing Cichirillo's mesothelioma suit as time-barred.
• Cichirillo v. Avondale Industries (4th Circuit, 2004). The appeals court reversed the trial court's ruling that Cichirillo's claim against Northrop Grumman (Avondale), Flintkote, Territo, Owens-Illinois, Uniroyal, Hopeman Brothers and Charles Johnson was prescribed, and remanded the case for further proceedings.
• Breaux v. Avondale Industries, Inc. (4th Circuit, 2003). The appeals court reversed the trial court's judgment that had dismissed the Breauxes' Louisiana suit on exceptions of no right of action (claim splitting) and res judicata, and remanded for further proceedings, ruling for the plaintiffs against Avondale, Texaco and the other defendants.
• Hughes v. Olin Corporation (2nd Circuit, 2003). The appeals court reversed the trial court's judgment granting Olin Corporation's exception of prescription and remanded, so Letha Hughes's suit against Olin was revived.
• Mazoue v. Avondale Industries, Inc. (4th Circuit, 2003). The court affirmed the trial court's rejection of the grandchildren's claims, holding that the decedent's surviving daughter, Ms. Marsh, was the only party entitled to continue the action and keep the settlement.
• Hoerner v. Anco Insulations, Inc. (4th Circuit, 2002). The appeals court affirmed most of the jury verdict for the Hoerners but reversed liability for McCarty as employer of other insulators, for Mr. Schuber III, Mr. McCarty and Home Insurance, and four settling-defendant credits, and amended the judgment to $306,111.07.
• Abadie v. Metropolitan Life Ins. Co. (5th Circuit, 2001). The appeals court reversed the trial judge's JNOVs that had raised the seven plaintiffs' damage awards and reinstated the jury's awards, affirmed liability of Asbestos Corporation Limited and four Avondale safety officers (O'Donnell, Kennedy, Chantrey, Territo; not Chantrey as to Badeaux), reversed liability of two other officers (Kelmell, Roberts), and recalculated each judgment by virile shares, including the Johns-Manville trust and four of the settling manufacturers.
• Emery v. Owens-Corporation (1st Circuit, 2001). The court affirmed the jury-based judgment against premises owner Exxon ($195,000 to Wayne Bendily and $18,750 to Mary Bendily), reversed the jury's liability findings against three manufacturers, and modified the judgment to delete the comparative-fault language as surplusage.
• Asbestos v. Bordelon, Inc. (4th Circuit, 1998). The court affirmed the jury verdicts for the plaintiffs against Owens-Corning Fiberglas (Kaylo insulation) and Rock Wool (One Shot cement), reversed the judgments against Garlock, A.W. Chesterton and Flexitallic, affirmed the judgments against Abadie, Naquin and Terrebonne and the dismissal of Plaisance's claim as prescribed, and ordered a virile-share reduction for Avondale's settlement that, on rehearing, applies only to Duronslet.
• Rareshide v. Mobil Oil Corp. (4th Circuit, 1998). The appeals court affirmed most of the workers' compensation judge's ruling for refinery worker Carl Rareshide against Mobil Oil and its insurer National Union. It cut his temporary total disability benefits to six months, awarded him supplemental earnings benefits afterward, added $500 in appeal attorney's fees, and held his heart attack not compensable.
• Re' v. Owens-Corning Fiberglas Corp. (4th Circuit, 1998). The Court of Appeal affirmed the trial court's transfer of Diana Re's Orleans Parish suit to Jefferson Parish, ruling for defendants Garlock and W.R. Grace over her objection; one judge dissented.
• Thomas v. Armstrong World Industries (1st Circuit, 1996). The appeals court reversed the dismissal of Royce Thomas's claim against his employer Anco Insulations, which had won on an exception of no cause of action, and remanded for further proceedings.
• Atkinson v. Celotex Corp. (3rd Circuit, 1994). The court affirmed the jury verdicts and judgment, finding no manifest error or abuse of discretion, so the nine plaintiffs who appealed (or their heirs) and Faye Myers did not get higher damages or a consortium award against Owens-Illinois, Keene and INA.
• Quick v. Murphy Oil Co. (4th Circuit, 1994). The appeals court reversed the $46,000 contribution judgment that the trial court had entered for Owens Corning Fiberglas against Garlock, because Quick's exposure to Garlock's asbestos products was trivial and not a cause in fact of his asbestosis.
• In re Davis (1984). The Fifth Circuit denied the asbestos workers' petition for a writ of certiorari to lift the Louisiana district court's stay, which enforced the Johns-Manville bankruptcy court's stay, and denied without prejudice their petition for a writ of prohibition against the contempt proceeding, so Manville and its insurers prevailed.
• White v. Johns-Manville Sales Corp. (5th Circuit, 1982). The court affirmed the trial court's award of permanent total disability workers' compensation benefits to Rayfield White, Sr. against Johns-Manville Sales Corporation, denying Johns-Manville's request for a remand.

Maryland

• In re RailWORKS Corporation (2020). The bankruptcy court granted L.K. Comstock's motion for summary judgment and denied the Reibie Defendants' cross-motion (except on sanctions, which it deferred), holding the Reibies' asbestos claims against Comstock were discharged in its chapter 11 case.
• In re RailWORKS Corporation (2020). The bankruptcy court granted L.K. Comstock's motion for summary judgment and denied the Reibie Defendants' cross-motion (except on sanctions, which it deferred), holding their asbestos claims were discharged by the 2002 chapter 11 plan.
• Davenport v. Mcic, Inc. (2017). The Court of Special Appeals affirmed summary judgment for MCIC, Inc. (McCormick) and the Wallace & Gale Asbestos Settlement Trust, and the Davenport family lost.
• Sroka v. Union Carbide Corp. (2015). The court granted the plaintiffs' motion to remand to Baltimore City Circuit Court, holding that Hopeman Brothers, Lofton Corp. and Wayne Manufacturing had not raised a colorable federal contractor defense to support federal officer removal.
• Wallace & Gale Asbestos Settlement Trust v. Carter (2013). The Court of Special Appeals reversed and vacated the judgments for the fifteen use plaintiffs against the Wallace & Gale Trust as time-barred, reversed the Hewitt judgments and remanded for a new trial on apportionment, and affirmed the plaintiffs' judgments in the Carter, James and Lawrence cases.
• Scapa Dryer Fabrics, Inc. v. Saville (2011). The Court of Appeals affirmed the judgment for Mr. Saville against Scapa on causation, the cross-claim JNOV and the effect of his admissions, but reversed on bankruptcy trust offsets and remanded for discovery of the trust settlement agreements so the verdict could be reduced.
• John Crane, Inc. v. Puller (2006). The Court of Special Appeals affirmed the jury verdicts for the Cichy plaintiffs against John Crane, Inc. and for the Puller plaintiffs against Garlock Sealing Technologies, but remanded so the statutory cap could be removed from the loss of consortium awards; the cap on the wrongful death awards was upheld.
• Owens-Illinois, Inc. v. Cook (2005). The Court of Appeals of Maryland affirmed the judgment for the Gianottis against Owens-Illinois, holding that the damages cap did not apply, the loss of consortium claim could proceed, the release reserved the mesothelioma claim, and the verdict was properly reduced for the Babcock & Wilcox settlement.
• Owens-Illinois, Inc. v. Cook (2005). The Court of Appeals of Maryland affirmed the judgment for John and Shirley Gianotti against Owens-Illinois, rejecting its challenges to the release, the noneconomic damages cap, the loss of consortium claim and the verdict reduction.
• Wilson v. John Crane, Inc. (2005). The Court of Appeals of Maryland reversed the Court of Special Appeals, holding the trial court did not abuse its discretion in refusing Garlock leave to withdraw its deemed admissions, so the plaintiffs kept the verdict for now, and it remanded for the intermediate court to decide the remaining issues.
• Wajer v. Baltimore Gas and Electric Company (2004). The Court of Special Appeals affirmed summary judgment for Baltimore Gas and Electric Company against Anthony and Frances Wajer, holding BGE owed no duty under Restatement §§ 414 or 343 and that the other theories were not preserved.
• Owens-Illinois v. Gianotti (2002). The Court of Special Appeals affirmed the judgments for John Gianotti and his wife against Owens-Illinois, rejecting its challenges, and also rejected the Gianottis' cross-appeal over the reduction of their judgments for the Babcock & Wilcox default and settlement.
• Porter Hayden Company v. Wyche (1999). The Court of Special Appeals vacated the judgment for the Wyches against Porter Hayden and remanded with instructions to apply the statutory cap on noneconomic damages, because the Wyches failed to show the cancer arose before the cap's effective date.
• ACandS v. Abate (1998). The Court of Special Appeals reversed the judgments for the trial plaintiffs against U.S. Mineral, against Stebbing, and for Goodman and Morrow against Hampshire for insufficient evidence. It vacated the Theis and Glensky judgments against Hampshire for an instruction error, ordered Ciotta's award cut to the $350,000 cap, ordered reformed starting dates on two verdict sheets, and otherwise affirmed for the plaintiffs against Rapid-American and Crane.
• Adams v. Owens-Illinois (1998). The Court of Special Appeals affirmed the Baltimore City jury verdicts, which were for the defendants in seven cases and for the plaintiffs in the Parsons and Drebing mesothelioma cases, and ordered the appellants to pay costs.