Pleural Mesothelioma: Asbestos Court Decisions

Decisions in our case-law library that involve pleural mesothelioma: 362 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Pleural Mesothelioma.

Florida

• Keene Corp. v. Bahl (1st District, 1985). The First District Court of Appeal affirmed the deputy commissioner's order awarding workers' compensation benefits to claimant Howard Bahl against Keene Corporation and its carrier Hartford, rejecting their defenses.

Georgia

• Sinyard v. Georgia Power Company (2022). The court affirmed summary judgment for Georgia Power only as to work on the new Units at Plants Scherer and Vogtle, reversed it on the remaining Georgia Power claims and in full for Ford, and affirmed summary judgment for Piedmont Hospital.
• Union Carbide Corp. v. Brannan (2021). The Georgia Court of Appeals affirmed the trial court's denial of Union Carbide's motion to dismiss, so Louise Brannan's personal injury claims for her late husband's estate could proceed in the second action.
• Farmer v. Air and Liquid Systems Corporation (2018). The court granted summary judgment to Fisher Controls and Honeywell because the plaintiff did not show Mr. Farmer was exposed to asbestos from their products, and denied McWane's motion because it could be liable as a successor under a post-sale failure-to-warn theory.
• Hanson v. Colgate-Palmolive Co. (2018). The federal district court excluded the causation and contamination opinions of plaintiff Hanson's experts Gordon, Kradin and Moline and most of Webber's, and allowed the defense experts Sanchez, Mossman and Moolgavkar to testify, a ruling favoring Colgate-Palmolive.
• Certainteed Corporation v. Fletcher (2016). The Georgia Supreme Court affirmed the Court of Appeals in part (reinstating Fletcher's design-defect claim against CertainTeed) and reversed in part (holding CertainTeed owed no duty to warn her, so summary judgment for CertainTeed on failure to warn was proper).
• Thurmon v. Georgia Pacific, LLC (2016). The Eleventh Circuit affirmed summary judgment for Crane Co. against the Thurmon estate and his children, because they offered no evidence that a Crane Co. product caused his mesothelioma.
• Fletcher v. Water Applications Distribution (2015). The Court of Appeals affirmed summary judgment for Water Applications and for CertainTeed on the manufacturing-defect and general negligence claims, but reversed summary judgment for CertainTeed on Fletcher's design defect and failure-to-warn claims.
• Scapa Dryer Fabrics, Inc. v. Knight (2015). The Georgia Court of Appeals affirmed the judgment on the jury verdict for Roy and Milva Knight against Scapa Dryer Fabrics, rejecting all of Scapa's challenges to the evidence, the expert testimony, the jury charges and the evidentiary rulings.
• Hoffman v. AC&S, Inc. (2001). The Court of Appeals affirmed summary judgment for AC&S, Rapid-American and Armstrong World Industries because Hoffman did not show their products were the ones her brothers were exposed to, and dismissed the appeal without prejudice as to Pittsburgh-Corning and Asbestos Claims Management Company because of their bankruptcies.

Illinois

• Johnson v. Orton (2021). The court granted in part and denied in part Vanderbilt Minerals' Daubert motions: it excluded Dr. Arthur Frank and cumulative-exposure testimony and limited Rossol and Castleman, but allowed Longo's talc study and Dr. Emory's causation opinions.
• Krumwiede v. Tremco, Inc. (4th District, 2020). The appellate court reversed the trial court's judgment on the jury verdict for the Krumwiede plaintiffs, holding Tremco was entitled to judgment n.o.v. because plaintiffs did not prove substantial-factor causation.
• Daniels v. ArvinMeritor, Inc. (1st District, 4th Division, 2019). The appellate court affirmed the judgment for plaintiff Sharon Daniels, as administrator of Patrick O'Reilly's estate, against John Crane, Inc., and upheld the denial of John Crane's motion for a new trial.
• Johnson v. Edward Orton JR. Ceramic Foundation (2019). The district court granted Orton's motion to supplement its notice of removal and denied the Johnsons' motion to remand, finding complete diversity of citizenship.
• Lamorak Ins. Co. v. Kone, Inc. (1st District, 2nd Division, 2018). Affirmed the circuit court's partial summary judgment for Kone and Liberty Mutual, declaring that Lamorak's 1977-1985 policies subject to self-insured retentions provided primary insurance; Lamorak lost its appeal.
• Menssen v. Pneumo Abex Corporation (4th District, 2012). The appellate court reversed the trial court's denial of judgment n.o.v. and the jury verdict for Menssen, ruling that Abex and Honeywell were entitled to judgment because the evidence did not prove they conspired to suppress or misrepresent asbestos hazards.
• Krull v. Celotex Corp. (1985). The court denied Celotex's motion for partial summary judgment on punitive damages, holding that Celotex, as the surviving corporation in a merger, assumed all of Panacon's liabilities, so Krull's estate could pursue punitive damages.

Indiana

• Myers v. Bremen Casting, Inc. (2016). The Court of Appeals reversed the trial court's grant of partial summary judgment to Bremen Casting and Mastic Home Exteriors on the non-delegable duty and premises liability claims, affirmed the denial of summary judgment on respondeat superior, and remanded for further proceedings, so the Myerses prevailed on all three claims at this stage.
• Myers v. Crouse-Hinds Division OF Cooper Industries, Inc. (2016). The Indiana Supreme Court affirmed the denial of summary judgment to General Electric and Owens-Illinois in the Geyman case and reversed summary judgment for Crouse-Hinds and the other defendants in the Myers case, so the plaintiffs won and the cases were remanded.
• Hedden v. CBS Corporation (2015). The court granted summary judgment to Crown Cork & Seal, CBS, General Electric, Gardner Denver, Link-Belt and Riley Power, and denied it to Crane Co. and John Crane, Inc. on the maritime claims, so the Heddens' Navy-related claims against those two defendants go to trial while their non-maritime Louisville Gas & Electric claims were dismissed.

Iowa

• Fankhauser v. Honeywell International, Inc. (2022). The Iowa Court of Appeals reversed the district court's summary judgment for Honeywell and Abex and remanded, so the Fankhausers' claims over Paul's mesothelioma can go forward.
• Fankhauser v. Honeywell International, Inc. (2022). The Iowa Court of Appeals reversed the district court's summary judgment for Honeywell and Pneumo Abex, ruling for the Fankhausers, because the district court misread Iowa Code section 686B.7(5).
• Huber v. Watson (1997). The Iowa Supreme Court reversed the judgment notwithstanding the verdict that the trial court had granted to the attorney defendants (Watson, Gajdel, Blue and Baron & Budd), and remanded for the trial court to rule on their new-trial motion.
• Meyer v. Iowa State Penitentiary (1991). The Iowa Supreme Court affirmed denial of occupational disease death benefits to Margaret Meyer, finding the claim never arose under section 85A.12, and reversed the district court's remand order; the State penitentiary prevailed.
• Wilber v. Owens-Corning Fiberglass Corp. (1991). The Iowa Supreme Court reversed the summary judgment for the defendants (Owens-Corning and others) and remanded, holding the widow's mesothelioma suit was not time barred by the earlier asbestosis diagnosis.

Kansas

• Harding v. KC Wall Products, Inc. (1992). The Kansas Supreme Court affirmed the denial of K.C. Wall Products' summary judgment motion, holding the 1990 revival statute constitutional and Charlett Harding's suit timely, and remanded for further proceedings.

Louisiana

• Del Vescovo v. Air & Liquid Systems Corporation (4th Circuit, 2023). The appeals court affirmed the trial court's judgment granting the defendants' exception of prescription and dismissing, with prejudice, the claims of Sergio Nasini's widow and children, so the defendants won and the family lost.
• Gooding v. Liberty Mutual Insurance Company (2023). The court denied Swiftships, Inc.'s motion to reconsider its earlier denial of summary judgment, so the plaintiffs (Decedent's heirs) prevailed on the motion and the claims against Swiftships remain for trial.
• Hotard v. Avondale Industries, Inc. (2023). The court denied Hopeman Brothers and Liberty Mutual's motion to reconsider the order letting SeaRiver and Exxon Mobil file a third-party demand, and denied their alternative motion to dismiss, so SeaRiver's contractual indemnity claim goes forward.
• Hotard v. Avondale Industries, Inc. (2023). The court granted SeaRiver and Exxon's motion for reconsideration and for leave to file a cross-claim and third-party demands against Avondale, Hopeman and Liberty Mutual, finding the motion timely, finding Avondale had waived arbitration, and finding an intervening change in controlling law.
• Gooding v. Liberty Mutual Ins. Co. (2022). The district court denied seven defendants' motions for summary judgment (Bayer CropScience, Swiftships, Foster Wheeler, General Electric, ViacomCBS, Bollinger Shipyards Lockport, Boland Marine), leaving the plaintiffs' claims for trial.
• Gooding v. Liberty Mutual Ins. Co. (2022). The district court denied Buck Kreihs's motion for summary judgment against the plaintiffs' claims and Avondale's and Bossier's crossclaims, so the claims against Buck Kreihs go forward.
• Gooding v. Liberty Mutual Ins. Co. (2022). The court granted Travelers Indemnity Company's summary judgment motion and dismissed with prejudice the plaintiffs' direct-action claims against it, because there was no evidence the decedent was at Swiftships during Travelers' coverage period.
• Hotard v. Avondale Industries, Inc. (2022). The district court denied SeaRiver Maritime's motion for summary judgment, joined by Exxon Mobil, so the plaintiff's negligence and strict liability claims against them go forward.
• Deaville v. Exxon Mobil Corp. (2021). The court granted plaintiff Brent Deaville's motion to remand, ruling that defendants Exxon Mobil, Ferguson Enterprises and J-M Manufacturing failed to show Turner Industries was improperly joined, so complete diversity was lacking and the case went back to state court.
• Gooding v. Liberty Mutual Insurance Co. (2021). The court granted insurer Lamorak's motion to stay the action because of its Pennsylvania liquidation, administratively closed the case, and denied the plaintiffs' motion to sever the claims against Lamorak and its insureds.
• Hotard v. Avondale Industries, Inc. (2021). The court granted Lamorak Insurance Company's motion, stayed the whole action and administratively closed it because of Lamorak's liquidation, denied Plaintiff Hotard's alternative request to sever claims involving Lamorak and its insureds, and set a status conference.
• Bourgeois v. Huntington Ingalls Inc. (2020). The district court denied plaintiff Bourgeois's motion to remand, holding that Avondale (Huntington Ingalls) and Bossier timely and properly removed the case under the federal officer removal statute.
• Gomez v. Aardvark Contractors, Inc. (2020). The district court denied the Jefferson Parish School Board's motion for partial summary judgment seeking an automatic virile share credit for the Johns-Manville Trust, and denied Huntington Ingalls' withdrawn part of the motion as moot, so the plaintiffs prevailed on the motion.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted Viking Pump's unopposed motion for summary judgment and dismissed, without prejudice, plaintiff Cary Gomez's claims and the cross-claims of Huntington Ingalls and Jefferson Parish School Board against Viking Pump.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted plaintiff Cary Gomez's motion to extend the deadline for his industrial hygienist expert report to February 7, 2020, and gave the defendants until March 6, 2020 to submit opposing expert reports.
• Gomez v. Aardvark Contractors, Inc. (2020). The court granted Nicholls State's unopposed motion to dismiss plaintiff Carey Gomez's claims against it on Eleventh Amendment immunity grounds.
• Gooding v. Liberty Mutual Insurance Co. (2020). The court granted Travelers' unopposed summary judgment motion, dismissing the Avondale Interests' cross-claims because Travelers issued no liability policies to Gretna Machine from 1967 through 1979.
• Hotard v. Avondale Industries, Inc. (2020). The district court denied Paul Hotard's motion to remand, holding that Avondale was named as a defendant in the state court petition and properly removed the case, so Avondale prevailed.
• Marsh v. Huntington Ingalls, Incorporated (2020). The court denied International Paper Company's motions to dismiss for lack of personal jurisdiction, to dismiss for failure to state a claim, and for a more definite statement, so Marsh and cross-claimant Huntington Ingalls prevailed on these motions.
• McAllister v. McDERMOTT, Inc. (2020). The court granted summary judgment to Tate Andale (no successor liability) and Velan Valve (no evidence of exposure) and denied it to Spirax Sarco, Air & Liquid Systems and Flowserve, so the plaintiffs' claims against those three go forward.
• Gomez v. Aardvark Contractors, Inc. (2019). The court granted Nicholls State's motion to dismiss the Jefferson Parish School Board's cross-claims on Eleventh Amendment immunity grounds and denied the motion as moot as to Huntington Ingalls, which had already dropped its cross-claims.
• Parfait v. Huntington Ingalls Incorporated (2019). The court granted Charles Parfait's motion to remand to Orleans Parish state court because the Avondale defendants' federal officer removal was untimely, and denied his request for costs, fees and Rule 11 sanctions.
• Gomez v. Aardvark Contractors, Inc. (2018). The court granted Nicholls State's motion to dismiss the executive officer liability, products liability and punitive damages claims (the last two unopposed), denied it as to Gomez's negligence and strict liability claims, and ordered service on the Office of Risk Management within 60 days.
• Templet v. Huntington Ingalls, Incorporated (2018). The Fifth Circuit affirmed the district court's order remanding Templet's asbestos suit to Louisiana state court, rejecting removal by Huntington Ingalls, Albert Bossier Jr. and Lamorak Insurance.