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.

New York

• In re Johns-Manville Corporation (2015). The bankruptcy court granted Marsh USA's motion to enforce the 1986 Manville orders, holding that Salvador Parra Jr.'s conspiracy claims against Marsh were barred by the channeling injunction and denying him discovery.
• Lefrak v. American Biltrite (Matter of New York City Asbestos Litig.) (2015). The court denied defendant American Biltrite's motion for summary judgment, so plaintiff Richard Lefrak's claims against it continue.
• Matter of Kirisits v. Durez Plastics/occidental (3rd Dept., 2012). The Appellate Division affirmed the Workers' Compensation Board's decision discharging the Special Fund for Reopened Cases from liability, so the employer and its carrier remained liable for the widow's death benefit claim.
• Aguirre v. Long IS. Rail RD. Co. (2007). The court denied the Long Island Rail Road's motion for judgment notwithstanding the verdict and its motion to set aside the verdict as against the weight of the evidence, but ordered a new trial on damages unless the three plaintiffs accepted reduced awards of $300,000 each; Harrington's cross-motion on apportionment was denied.
• Aguirre v. Long Island Railroad Co. (2007). The court denied the Long Island Rail Road's motions for judgment notwithstanding the verdict and for a new trial on the weight of the evidence, but granted a new trial on damages unless the three plaintiffs agreed to reduce their awards to $150,000 for past and $150,000 for future pain and suffering each.
• Langhorne v. Amchem Prods., Inc. (1st Dept., 2005). The Appellate Division affirmed the dismissal of the complaint, holding the plaintiff's claims against the defendants-respondents were barred by releases the decedent signed in settling an earlier federal asbestosis action.
• Root v. Eastern Refractories Co., Inc. (4th Dept., 2004). The Appellate Division reversed the order granting summary judgment to Eastern Refractories Co., denied the motion, and reinstated the executor's complaint against Eastern.
• Ballard v. Armstrong World Indus. (Matter of Seventh Jud. Dist. Asbestos Litig.) (Monroe, 2002). The court denied plaintiffs' motion to consolidate the Ballard and Cooros cases for trial, denied consolidation of the two deceased workers' claims with the living plaintiffs in Duemmel/Keller, severed Pschirrer's claim from Duemmel and allowed it to be consolidated with Keller, largely favoring the objecting defendants.
• In re Waterman SS Corp. (1996). After remand, the bankruptcy court sided with the claimants on the operative date (the earlier claims bar date, not the confirmation date Waterman wanted) and with Waterman Steamship on burden of proof, joinder of all 3,500 claimants and wrongful-death accrual; it found the medical evidence too thin to decide most claims, reopened discovery, and ruled on 15 individual claimants.
• In re Waterman SS Corp. (1993). The district court vacated the Bankruptcy Court's judgment for the asbestosis claimants (seamen) against Waterman Steamship and remanded for further findings on whether notice of the bar date was adequate to individual seamen who had shown symptoms.
• In re Prudential Lines, Inc. (1992). The bankruptcy court granted summary judgment to the Asbestosis Claimants and Trustee on deductibles, the Plan's "Liman" provision and post-petition interest, granted partial summary judgment to American Club on setoff, and denied summary judgment on allocation of coverage.
• In re Waterman SS Corp. (1992). The bankruptcy court granted the Asbestosis Claimants' summary judgment motion, holding their claims were pre-petition claims but were not discharged by Waterman Steamship's confirmation order because Waterman failed to give known creditors adequate notice.
• Kreppein v. Celotex Corp. (1992). The Second Circuit affirmed the judgment holding Celotex liable for 32.5% of the damages to Mary Kreppein, rejecting Celotex's challenges on product nexus, apportionment and the amended complaint, and denied plaintiff's request for sanctions.
• Kreppein v. Owens-Illinois (In re New York Asbestos Litigation) (1990). The court granted Owens-Illinois' motion for reconsideration, held the widow's claims against it barred by collateral estoppel, and vacated the judgment as to it; it denied the JNOV, new trial and remittitur motions of U.S. Mineral, Eagle-Picher and Celotex, leaving the verdict against them in place.
• Raney v. Owens-Illinois, Inc. (1990). The Second Circuit affirmed the district court's judgment of about $450,000 for the widow, Edna Raney, against Owens-Illinois, Celotex and Raymark, holding the evidence let the jury find the missing asbestos warnings were a proximate cause of her husband's death.
• Fusaro v. Porter-Hayden Co. (1989). The trial court denied the motions by newly added defendants Asbestospray, APM, ACOA and Dana to dismiss the amended complaint as untimely, and denied the motions by H & A, Spraycraft, National Gypsum and Armstrong to strike the successor-liability allegations, so the plaintiff estate won and the amended complaint was deemed served.
• Smith v. Bell Aerospace (3rd Dept., 1987). The Appellate Division reversed the Workers' Compensation Board's decision discharging the Special Funds Conservation Committee from liability on the death claim, and sent the matter back to the Board, with costs against the Special Fund.
• Matter of Steinhardt v. Johns-Manville Corp. (4th Dept., 1980). The Appellate Division modified the order and dismissed the complaint, holding the negligence and strict products liability claims time barred, so the defendants (Johns-Manville and others) prevailed over the executrix.

North Carolina

• Hinson v. Continental Tire the Americas (2019). The Court of Appeals affirmed the Industrial Commission's denial of the asbestosis claim of Walter Hinson's estate (and the common-issues rulings against all consolidated plaintiffs), so Continental Tire the Americas prevailed.
• Ketchie v. Fieldcrest Cannon, Inc. (2015). The Court of Appeals affirmed the Full Commission's order denying the workers' compensation claims of Ketchie and Joines against the N.C. Self-Insurance Security Association, holding they were not "covered claims."
• Johnson v. Covil Corporation (2011). The Court of Appeals reversed the Industrial Commission's death-benefit calculation for the widow, Edith Johnson, ruling that the 2006 maximum compensation rate applies and that she is owed 66 2/3% of average weekly wages ($538.41), and remanded for more specific findings and recalculation against Covil and its carriers.
• Payne v. Charlotte Heating & Air Cond. (2005). The Court of Appeals affirmed the Industrial Commission's award of total disability and death benefits to Mrs. Payne, the administratrix, against Ross and Witmer and Travelers, holding the death benefits claim was properly before the Commission and timely.
• Wilder v. Amatex Corp. (1985). The North Carolina Supreme Court reversed the summary judgments for Owens-Corning and for the other defendant appellees, ruling for plaintiff J.W. Wilder against Owens-Corning, Eagle-Picher, Pittsburgh Corning, Celotex, Keene and Starr-Davis.

Ohio

• Bennett v. the Scotts Miracle-Gro Co. (3rd Appellate District, 2018). The court of appeals affirmed the trial court's judgment after a bench trial denying James Bennett's workers' compensation claim for asbestosis against self-insured employer Scotts Miracle-Gro, so Scotts prevailed.
• Arpin v. Consol. Rail Corp. (8th Appellate District, 2016). The appeals court affirmed the trial court's denial of summary judgment to Conrail and APU, holding that Arpin's 2007 release of an earlier asbestosis claim did not bar his later lung cancer claim, so Arpin prevailed.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (2016). The Ohio Supreme Court affirmed the court of appeals' denial of Robert Boyd's mandamus petition, leaving in place the Industrial Commission's denial of permanent-total-disability benefits, so Scotts Miracle-Gro and the Commission prevailed.
• Bryant v. General Motors Corp. (3rd Appellate District, 2015). The court of appeals affirmed the jury verdict for Loretta Bryant, which found her husband's asbestos exposure at GM contributed to his fatal lung cancer and entitled her to workers' compensation death benefits, and rejected GM's challenges to the directed-verdict ruling and two evidence rulings.
• State EX rel. Boyd v. Scotts Miracle-Gro Co. (10th Appellate District, 2015). The court overruled Boyd's objections, adopted the magistrate's decision, and denied his request for a writ of mandamus, so the Industrial Commission's denial of permanent total disability compensation stood, in favor of the Commission and Scotts.
• Ridenour v. Ohio Department of Rehabilitation and Correction (2014). The magistrate judge recommended that the defendant prison officials' motion for summary judgment be granted against prisoners Ridenour and Brown, and denied the plaintiffs' motion to exclude the prison doctor's declaration.
• State EX rel. Qunicel v. Indus. Comm. (10th Appellate District, 2012). The court overruled the claimant's objections, adopted the magistrate's decision, and denied Gerald Quincel's mandamus request against the Industrial Commission and DuPont, leaving the denial of his change-of-occupation award in place.
• Welsh v. Ford Motor Co. (8th Appellate District, 2011). The court of appeals affirmed the jury verdict and the denial of directed verdict, JNOV and new trial, so the widow Sylvia Welsh won and Ford Motor Company lost.
• Riedel v. Consolidated Rail Corporation (8th Appellate District, 2009). The appeals court affirmed the trial court's administrative dismissal of the plaintiffs' asbestos claims and severance of their non-asbestos claims, rejecting the Railroads' argument that all claims should be dismissed.
• Penn v. A-Best Prods. Co. (10th Appellate District, 2007). The appeals court affirmed in part and reversed in part the trial court's denial of the plaintiffs' motions to prove a prima facie case under H.B. 292. It reversed as to Ward's non-smoker lung cancer claim and the colon and laryngeal cancer claims, and remanded for a determination of whether those claims accrued under the 'should have known' clause; defendants largely lost on the statutory issues.
• Anderson v. AC & S., Inc. (8th Appellate District, 2003). The appeals court reversed the grant of summary judgment to the railroads on Shirley Anderson's survival claim and affirmed the denial of summary judgment on her wrongful-death claim, overruling the railroads' cross-appeal and remanding.
• State ex rel. Hiatt v. Indus. Comm. (2003). The Ohio Supreme Court affirmed the court of appeals' denial of a writ of mandamus, upholding the Industrial Commission's award of only the statutory minimum death benefit to the widow, Hiatt, over her claim for a higher award.
• Heard v. Conrad (7th Appellate District, 2000). The court of appeals affirmed summary judgment for the Bureau of Workers' Compensation, the Industrial Commission and Eichleay Corporation, holding that George Heard's occupational disease claim was filed too late.
• Lynch v. Mayfield (1991). The court of appeals affirmed the judgment on a jury verdict that Susie Mae Lynch, widow of Earl Lynch, was not entitled to participate in the Workers' Compensation Fund, so the employer Ferro prevailed.
• Adkins v. GAF Corp. (1988). After a jury trial and a bench trial in the same proceeding, the court entered judgment for Curtis and Mary Adkins against Asbestos Corporation Ltd., Carey Canada and GAF on strict liability, and granted Celotex's directed verdict on the intentional tort claim, vacating its earlier ruling for the plaintiffs.
• Lavelle v. Owens-Corning Fiberglas Corp. (1987). The trial court granted the defendants' motion in limine to exclude evidence of increased risk of cancer and denied it as to evidence of the asbestosis-afflicted plaintiff's increased fear of cancer, so each side won in part.

Oklahoma

• Fisher v. Owens-Corning Fiberglass Corp. (1989). The Tenth Circuit affirmed the district court's dismissal, treated as summary judgment, holding that Fisher's 1986 mesothelioma suit was barred by his earlier release, so the asbestos defendants won and the Fishers lost.

Other federal courts

• CSX Transp., Inc. v. Hensley (2009). The Supreme Court summarily reversed the Tennessee Court of Appeals, which had upheld Hensley's $5 million jury verdict against CSX, and remanded because the trial court wrongly refused CSX's requested fear-of-cancer jury instruction.
• Conwed Corp. v. Union Carbide Corp. (2006). The Eighth Circuit affirmed the district court's subrogation judgment for Conwed against Union Carbide in most respects, rejecting Union Carbide's collateral estoppel and damages challenges but correcting a double reduction and remanding to enter judgment of $23,878.36.
• Norfolk & Western R. Co. v. Ayers (2003). The Supreme Court affirmed the West Virginia trial court's judgments for the six asbestosis claimants against Norfolk & Western Railway, upholding both the fear-of-cancer damages instruction and the refusal to apportion damages to other exposures.
• In re Federal-Mogul Global, Inc. (2002). The Third Circuit held it lacked jurisdiction to review the District Court's denial of transfer and remand of the friction-product asbestos claims to state courts, and denied the automakers' and other defendants' requests for mandamus.
• Orvosh v. Program OF Group Ins. for Salaried Emp. (2000). The Third Circuit reversed the district court's summary judgment for Donald Orvosh, held that Volkswagen's termination of his long-term disability benefits was not arbitrary and capricious, remanded for summary judgment for Volkswagen and the plan, and affirmed the denial of attorney fees.
• Brown & Root, Inc. v. Sain (1998). The Fourth Circuit affirmed the Benefits Review Board's award of LHWCA disability, medical and death benefits to widow Frances Sain against Brown & Root and Highlands Insurance, rejecting their forfeiture, offset and special fund arguments.
• Cimino v. Raymark Industries, Inc. (1998). The court reversed the judgments against Pittsburgh Corning in the 143 phase III sample cases and 5 extrapolation cases, affirmed the nine class-representative judgments except for the prejudgment interest start date, and reversed the judgments against Asbestos Corporation Limited, rendering judgment for it.
• Jackson v. Anchor Packing Co. (1993). The Eighth Circuit affirmed summary judgment for all defendants (Owens-Corning, Owens-Illinois, Fibreboard, Keene, Anchor, Chesterton, Garlock, John Crane, Rexnord and Georgia Talc) against the ten Mohawk tire plant workers, because the workers lacked sufficient proof that a particular defendant's products caused their injuries.
• Borman v. Raymark Industries, Inc. (1992). The Third Circuit affirmed the district court's refusal to charge the jury on apportionment and its denial of Celotex's motion on lost wages, leaving the verdict for Mrs. Borman and her husband's estate against Celotex in place.
• Dunn v. Owens-Corning Fiberglass (Division of St. Croix, 1991). The court denied Owens-Corning's motion for JNOV and for a new trial on liability, but ordered a new trial unless plaintiff Dunn accepted a reduction of compensatory damages from $1.3 million to $500,000 and punitive damages from $25 million to $2 million.