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.

Maryland

• ACandS, Inc. v. Godwin (1995). The Maryland Court of Appeals affirmed the compensatory judgments for McNiel, Russell and Leaf against Pittsburgh Corning, ACandS and Porter Hayden, except it reversed McNiel's judgment against Porter Hayden. It also reversed all punitive damages awards for insufficient evidence and dismissed Owens-Illinois's appeal.
• Owens-Illinois, Inc. v. Armstrong (1992). The Court of Appeals of Maryland affirmed the compensatory verdicts for workers Armstrong and Wood against Owens-Illinois, but reversed the punitive damages awards and remanded for new trials limited to punitive damages.
• Smith v. Bethlehem Steel Corp. (1985). The Court of Appeals of Maryland answered two certified questions: workers' compensation § 58 does not toll limitations until an award is made, and a later colon cancer claim can be a separate cause of action accruing on discovery if the cancer is a latent disease distinct from asbestosis. Appellee asbestos suppliers prevailed on the first question and the Smiths on the second.
• Pierce v. Johns-Manville Sales Corp. (1983). The Court of Appeals of Maryland reversed the summary judgment for Johns-Manville and the other defendants and remanded, holding the estate's survival and wrongful death actions for lung cancer were not time-barred.

Michigan

• Jaqua v. Canadian Nat. RR, Inc. (2007). The Court of Appeals reversed the trial court's denial of summary disposition and held that the release Jaqua signed barred his estate's FELA claim against Canadian National Railroad for his lung cancer, so the railroad won.
• Larson v. Johns-Manville Sales Corp. (1986). The Michigan Supreme Court affirmed the dismissal of all four wrongful death suits to the extent they rested on asbestosis, because they were filed too late, but held that the Glazier and Revard cancer claims against the asbestos manufacturers could proceed.
• Larson v. Johns-Manville Sales Corp. (1985). The Michigan Court of Appeals affirmed summary judgment for the defendants (Johns-Manville Sales Corp. and Fibreboard Corp.) in all four wrongful death actions, holding them time-barred and leaving the plaintiffs without recovery.

Minnesota

• Filipek v. the Boeing Company (2017). The court granted summary judgment to Boeing, Navistar, Borg-Warner Morse Tec, CBS, McNeil, Northern States Power and United Technologies because the Filipeks' claims were time-barred, denied the Filipeks' motion to withdraw an admission, and dismissed the case with prejudice.
• Strand v. Allied Insulation Supply Co. (2007). The Court of Appeals affirmed the dismissal of General Pipe Covering's third-party contribution claims against Quality Insulation and Econ Insulation, so Quality and Econ won and General Pipe lost.
• Kath v. Burlington Northern R. Co. (1989). The Minnesota Court of Appeals affirmed the judgment for Eileen Kath against Burlington Northern Railroad, rejecting the railroad's challenges to the jury instructions, verdict form, Schwartz hearing denial, damages and evidence rulings.
• Crepeau BY Crepeau v. Krost Insulation Co. (1983). The court affirmed the workers' compensation award against Krost and its 1978 carrier Minnesota Mutual, but reversed the Court of Appeals' increase in dependency benefits and reinstated the compensation judge's lower dependency award for the widow.
• Bertrand v. Johns-Manville Sales Corp. (1982). The court granted plaintiff Bertrand's partial summary judgment motion only on whether asbestos dust can cause asbestosis and mesothelioma, barring the defendants from litigating that point, and denied it on the state of the art defense and whether the products were unreasonably dangerous.

Mississippi

• Illinois Central Railroad Company v. Oakes EX rel. Hagan (2018). The Mississippi Supreme Court reversed the Court of Appeals and the circuit court, holding Illinois Central Railroad entitled to a pro tanto setoff for asbestos trust payments, and remanded for a hearing on whether the payments covered the same injuries.
• City of Jackson v. Sandifer (2013). The Court of Appeals affirmed the circuit court's order upholding the Workers' Compensation Commission's award of permanent partial disability benefits to Sam Sandifer, rejecting the City of Jackson's limitations and causation arguments.
• Owens-Illinois, Inc. v. Edwards (1990). The Mississippi Supreme Court affirmed, as modified, the circuit court's partial summary judgment for Charles Edwards, holding his asbestosis claim was not time barred, and rejected the defendants (Owens-Illinois and others) on the limitations defense.

Missouri

• Callanan v. Chesterton (Eastern District, 5th Division, 2020). The Missouri Court of Appeals reversed the summary judgment for Cleaver-Brooks, Inc. and remanded for further proceedings, ruling for the plaintiffs, Mary Callanan and Kelley Miller.
• MacCormack v. Ingersoll-Rand Company (2018). The federal district court granted Ingersoll-Rand's motion for summary judgment, holding that the representatives of Berj Hovsepian were barred by collateral estoppel from pursuing their claims, because a Massachusetts court had already granted Ingersoll-Rand summary judgment against Hovsepian.
• Holzer v. Athene Annuity & Life Assurance Co. (2017). The district court granted the Holzers' motion to remand to the Circuit Court of Jackson County, rejecting Athene's fraudulent joinder argument, because non-diverse defendant Fuhrco was not fraudulently joined and the court lacked diversity jurisdiction.
• MacCormack v. Air & Liquid Systems Corporation (2017). The court granted Air & Liquid Systems Corporation (successor to Buffalo Pumps) summary judgment, holding the plaintiffs' claims against it were barred by collateral estoppel from an earlier Massachusetts judgment.
• MacCormack v. the Adel Wiggins Group (2017). The court granted Warren Pumps' motion to dismiss, holding that the plaintiffs' claims against it were barred by collateral estoppel because of a prior Massachusetts summary judgment in its favor.
• Hovsepian v. Crane Co. (2016). The court denied plaintiff Berj Hovsepian's motion to remand, so defendant Crane Co. kept the case in federal court after removing it under the federal officer removal statute.
• Hovsepian v. the Adel Wiggins Group (2016). The court granted defendant BW/IP's motion to dismiss, holding plaintiff Hovsepian's claims against it barred by collateral estoppel because a Massachusetts court had earlier granted BW/IP summary judgment on causation.
• Hovsepian v. the Adel Wiggins Group (2016). The court denied defendant CBS Corporation's motion to certify its personal-jurisdiction ruling for interlocutory appeal, so plaintiff Hovsepian prevailed on this motion.

Montana

• Rosling v. Associated Loggers Exchange (2019). The Workers' Compensation Court held that McMillan's claim was timely, his asbestos-related disease was a compensable occupational disease, and insurer Associated Loggers Exchange was liable, awarding medical benefits, an impairment award, permanent total disability benefits and costs, but denying attorney fees and a penalty.
• Atchley v. Louisiana Pacific Corp. (2018). The Montana Workers' Compensation Court held Louisiana Pacific Corp. liable to Hazel Atchley for death benefits for her husband's asbestos-related disease, and awarded her costs but denied attorney fees and a penalty.
• Wommack v. National Farmers Union Property & Casualty Co. (2017). The Workers' Compensation Court held Liberty Mutual Fire Ins. Co., the insurer at risk during Wommack's final years at Cenex, liable for his asbestos-related occupational disease, awarded him costs, and denied his requests for attorney fees and a penalty.
• Baeth v. Liberty NW Ins. Corp. (2014). The Workers' Compensation Court held that Judy Baeth has an occupational disease (asbestos-related lung disease) for which Stimson's insurer Liberty Northwest is liable, set her impairment at 45%, awarded medical benefits and costs, and denied her penalty and attorney fees.
• Peterson v. Liberty NW Ins. Corp. (2013). The Workers' Compensation Court held that Steve Peterson's occupational disease claim against Liberty NW Ins. Corp. (insurer for Stimson) was time-barred, so Liberty won and Peterson received no benefits.
• Johnson v. Liberty Northwest Insurance Corporation (2009). The Workers' Compensation Court held that Raymond Johnson has an occupational disease from his Libby mill work, that Liberty Northwest (Stimson's insurer) is liable under the last injurious exposure rule, and awarded him permanent total disability benefits, a 25% impairment rating, medical expenses and costs.
• Orr v. State (2004). The Montana Supreme Court reversed the District Court's dismissal of the Libby miners' negligence suit against the State of Montana and remanded for a fact-finder to decide breach and causation; the miners won this round and the State lost.

Nebraska

• Butler v. Union Pacific R. Co. (2020). The district court denied Union Pacific's motion for summary judgment, holding that Butler's 2011 asbestosis release did not bar his FELA claim for colorectal cancer, so Butler prevailed on the motion.

New Jersey

• Whelan v. Armstrong International Inc. (2018). The Appellate Division reversed the summary judgments for Armstrong, Burnham, Carrier, Cleaver-Brooks, Crown Boiler, Ford, Johnson Controls, NIBCO and Oakfabco, and remanded for trial in favor of plaintiff Whelan.
• Vesper v. 3M Company (2016). The federal district court granted summary judgment to Buffalo Pumps and Sid Harvey Industries because Vesper offered no evidence tying them to his asbestos exposure, and denied summary judgment to DAP and Warren Pumps, leaving Vesper's claims against them for trial.
• Whelan v. Armstrong Int'l (2016). The Appellate Division reversed the summary judgments the trial court had granted to Armstrong, Burnham, Carrier, Cleaver-Brooks, Crown Boiler, Ford, Johnson Controls, NIBCO and Oakfabco, and remanded for trial in plaintiff Whelan's favor.
• Higgins v. Owens-Corning Fiberglas (1995). The Appellate Division reversed the judgment against Owens-Corning Fiberglas and remanded for a new trial in favor of plaintiff Higgins, and dismissed Owens-Corning's cross appeal on the medical monitoring award as moot.
• Ripa v. Owens-Corning Fiberglas (1995). The appellate court affirmed liability and compensatory damages for plaintiff Pauline Ripa against Owens-Corning, but cut Owens-Corning's share to thirty percent and reversed the $5.5 million punitive award, remanding for a new trial on punitive damages only.
• Goss v. American Cyanamid Co. (1994). The Appellate Division affirmed the judgment for plaintiffs Goss and the Patullos against Porter Hayden, but vacated the judgment based on the second jury verdict, reinstated the original verdicts (which assigned part of the fault to Madsen & Howell), and remanded for amended judgments.
• Coffman v. Keene Corp. (1993). The New Jersey Supreme Court affirmed the Appellate Division, which had upheld the jury verdict for plaintiff George Coffman against Keene Corporation, holding that the jury was properly told to presume a warning would have been heeded.
• Jenkins v. Johns-Manville Products (1990). The Appellate Division reversed all five judgments of the judge of compensation and remanded: special adjustment benefits were wrongly allowed in Bognar and Kacsmar, properly allowed in Jackson, Jenkins and Shimanowitz but to be recalculated, and the 450-week waiting period was rejected, partly favoring the Commissioner of Labor and partly the claimants.
• Sholtis v. American Cyanamid Co. (1989). The Appellate Division held the trial judge erred in refusing the plaintiffs' supplemental proofs, reinstated the claims against Porter Hayden, remanded the claims against the other Wellington defendants for reconsideration under new exposure standards, and affirmed summary judgment for John Crane.
• Millison v. EI du Pont de Nemours (1988). The Appellate Division affirmed the jury verdicts and judgment for the du Pont employees and their spouses against du Pont and its two plant doctors, holding that admitting the OSHA citations was error but harmless.
• Devlin v. Johns-Manville Corp. (Law Division, 1985). On a defense motion in seven asbestosis cases, the trial court held that plaintiffs could not recover for the enhanced risk of cancer standing alone, but could seek damages for fear of cancer and for future medical surveillance, with evidence of the increased risk going to the jury on those items.
• Beshada v. Johns-Manville Products Corp. (1982). The New Jersey Supreme Court reversed the trial court's denial of the plaintiffs' motion for partial summary judgment and struck the state-of-the-art defense, ruling for the worker plaintiffs and against the asbestos manufacturer defendants.

New York

• McLaughlin v. Air & Liquid Sys. Corp. (2023). The court granted Long Island Lighting Company's motion for summary judgment and dismissed the McLaughlins' complaint and all cross-claims against it, because their 1993 settlement and general release barred the claims; the action continued against the other defendants.
• Petro v. Aerco Intl., Inc. (2023). The court denied the motions by Tishman, Mario & Dibono and Port Authority to set aside the jury verdict for plaintiff James Petro, to enter judgment for them, to order a new trial, or to reduce the damages.
• Bucci v. Air & Liquid Sys. Corp. (2018). The trial court denied the plaintiffs' motion to consolidate the Bucci, Johnsen and Palmeri asbestos cases for a joint trial, ruling for the defendants who opposed it.
• Matter of Adesso v. AO Smith Water Prods. Co. (2018). The court granted plaintiffs' motion in part, ordering joint trials for Cerato/Lynch, McCormick/Munnelly, Kalachman/Rothman, Hickey/Litz, George/Toy, Hutnick/Soto and Hill/Lipari, and denied joinder for Swanson/Whitaker, Hiddie/Rose, Costa/Endelmann, Lehanka/Snider, Bascomb/Gallagher and for adding Scott to Hill and Lipari, over the defendants' opposition.
• American Home Assur. Co. v. Port Auth. of NY & NJ (2017). The court denied American Home's motion for partial summary judgment and granted the Port Authority's, Alcoa's and Tishman's motions in part, declaring that coverage was triggered, the fireproofing claims were not a single occurrence, the policy was not exhausted, and the duty to defend survived exhaustion.
• Brooks v. AIR & LIQUID SYSTEMS CORPORATION (In re New York City Asbestos Litigation) (2017). The court granted in part the plaintiffs' motion to consolidate eighteen asbestos actions for trial, ordering six consolidated groups of two or three plaintiffs and trying five other plaintiffs individually, over the defendants' opposition.
• Aquitato v. AMCHEM PRODUCTS, INC. (In re New York City Asbestos Litigation) (2017). The court granted the plaintiffs' motion to consolidate in part, grouping some living and some deceased plaintiffs for joint trials and ordering the rest tried individually over the defendants' objections.