Mesothelioma: Asbestos Court Decisions

Decisions in our case-law library that involve mesothelioma: 2,859 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Mesothelioma.

Alabama

• Craig v. AW Chesterton Co. (2023). The district court denied Gloria Craig's motion to remand, ruling that Westinghouse's and GE's federal-officer removal was timely, so the case stays in federal court.
• Corley v. Long-Lewis, Inc. (2020). The Eleventh Circuit held it had jurisdiction over the appeal and affirmed the district court's denial of the Corleys' motion to reconsider summary judgment for the 17 Navy supplier defendants, who prevailed over the Corleys.
• Smith v. Avon Products, Inc. (2019). The court granted the motions to dismiss for lack of personal jurisdiction filed by Johnson & Johnson and the Imerys Defendants (Cyprus Amax Minerals and Cyprus Mines), so plaintiff Billie Smith's claims against them failed in this court.
• Holland v. Airco, Inc. (2016). The district court granted summary judgment to Crane, Fluor Daniel and Goulds Pumps, ending the plaintiff's claims over Owen Holland's mesothelioma death.
• Kruse v. Vanderbilt Minerals, LLC (2015). The Alabama Supreme Court reversed the summary judgment for Vanderbilt Minerals and remanded, because the trial court ruled on a ground the motion never raised and the plaintiff had presented enough evidence of exposure to Vanderbilt's Nytal talc.
• McGUFFIE v. Mead Corporation (2014). The district court granted summary judgment to MW Custom Papers, LLC and MeadWestvaco Corporation, holding MW Custom Papers was the only proper defendant and that the McGuffies' 1995 release barred the claim, and denied the plaintiff's motion to strike.
• Bobo v. Agco Corporation (2013). The court granted the Tennessee Valley Authority's unopposed motion to dismiss the punitive damages claim and strike the jury demand, and denied plaintiff Barbara Bobo's motion to amend her complaint to add twelve more years of alleged exposure.
• Morgan v. Bill Vann Company, Inc. (2013). The court denied plaintiff Ronald Morgan's motions for Rule 54(b) final judgment and for a stay, so he could not immediately appeal the summary judgments for Crane Co., General Electric, Warren Pumps and CBS; the case against John Crane, Inc. stayed on track for trial.
• Morgan v. Bill Vann Company, Inc. (2013). The district court denied John Crane, Inc.'s motion for summary judgment, so the estate's claims against John Crane went forward.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted The Gorman-Rupp Company's motion for summary judgment under the bare metal defense and dismissed the plaintiff's claims against it with prejudice.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted defendant Albany International Corporation's motion for summary judgment and dismissed the estate of Rueben Morgan's claims against Albany with prejudice, finding the 1972-74 exposure claims time-barred and no evidence of post-1979 exposure to Albany products.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted General Electric's motion for summary judgment and dismissed the plaintiff's claims against GE with prejudice, finding the pre-1979 exposure claims time-barred and no sufficient evidence of later exposure to GE products.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted Warren Pumps, LLC's motion for summary judgment and dismissed the estate's claims against Warren with prejudice, so Warren won and the plaintiff lost.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted Honeywell International's motion for summary judgment and dismissed the plaintiff's claims against it with prejudice, because the 1956-1958 exposures were time-barred and there was no evidence of post-1979 exposure to Bendix products.
• Morgan v. Bill Vann Company, Inc. (2013). The court granted CBS Corporation (successor to Westinghouse) summary judgment, dismissing the estate's claims against it with prejudice, because pre-May 1979 exposures were time-barred and no admissible evidence showed later exposure to Westinghouse asbestos products.
• Brown v. the Boeing Company (2012). The court granted plaintiff Walter Brown's motion to voluntarily dismiss his asbestos suit without prejudice, denied Boeing's and Lockheed Martin's motions for judgment on the pleadings as moot, and ordered Brown to reimburse defendants' limitations research and briefing costs.
• Patterson v. Consolidated Aluminum Corporation (2012). The Alabama Supreme Court affirmed the trial court's judgment for Consolidated Aluminum Corporation and Lonza America, holding the Pattersons' claims against them were time-barred because the Pattersons did not promptly substitute them for fictitious defendants.
• Bradberry v. Carrier Corporation ET AL. (2011). The Alabama Supreme Court affirmed the summary judgments for Carrier Corporation and the other solvent defendants, rejecting the plaintiffs' argument that codefendant Leslie Controls' bankruptcy stayed the whole case.
• Kite v. Bill Vann Company, Inc. (2011). The district court denied plaintiff Kite's motions for remand, holding that CBS properly removed the case under the federal officer removal statute, so the case stayed in federal court for the defendants; it granted the motion to expedite.
• Corley v. Long-Lewis, Inc. (2010). The magistrate judge denied the Corleys' motion to remand, holding that Garlock and Owens-Illinois properly removed on federal enclave grounds and CBS/Westinghouse on federal officer grounds, so the case stayed in federal court.
• Henderson v. MeadWESTVACO Corporation (2009). The Alabama Supreme Court affirmed summary judgment for CSX Transportation and MeadWestvaco against Sheila Henderson's wrongful-death claim, on a different ground than the trial court's: the decedent's own claim would have been time-barred under Alabama law.
• General Motors Corp. v. Kilgore (2002). The Alabama Supreme Court reversed the trial court's denial of summary judgment and rendered judgment for General Motors, holding the Kilgores' claims preempted by the Federal Locomotive Inspection Act; two justices dissented.
• Greene v. CSX Transp., Inc. (2002). The Alabama Supreme Court affirmed summary judgment for CSX Transportation, holding the FELA personal-injury survival claims of the personal representatives of two deceased railroad employees were time-barred.
• Hogland v. Celotex Corp. (1993). The Alabama Supreme Court reversed the trial court's summary judgment for the remaining defendants and remanded, directing the trial court to identify who the remaining defendants are and set the case for trial; the executrix, Yvonne Hogland, prevailed.

Alaska

• In re Estate OF Maldonado (2005). The Alaska Supreme Court reversed the superior court's ruling that all the asbestos settlement proceeds were part of the augmented estate, which favored the surviving spouse Barbara Maldonado, and remanded to decide what part of the settlement, if any, paid survivorship claims, which may be included.
• Peek v. Skw/clinton (1993). The Alaska Supreme Court affirmed the superior court's affirmance of the Workers' Compensation Board's order denying and dismissing Mary Peek's death benefits claim against SKW/Clinton, which won over the widow.

Arizona

• Hatten v. Grobet USA (2020). The district court granted plaintiff Renee Hatten's motion to remand and sent the case back to Pima County Superior Court, because defendant Grobet did not show fraudulent joinder of the Arizona defendant Posner's or that the events occurred on a federal enclave.
• City of Phoenix v. First State Insurance Company (2018). The Ninth Circuit affirmed summary judgment for the Hartford insurers against the City of Phoenix, holding Hartford owed the City neither indemnity nor defense costs for its $500,000 settlement of the Tarazon asbestos claims.
• Coulbourn v. Crane Co. (2018). The Ninth Circuit affirmed the jury verdict and the denial of judgment as a matter of law, leaving Crane Co. liable for $1.8 million in compensatory damages and $5 million in punitive damages to the Coulbourn plaintiffs.
• Quiroz v. Alcoa Inc. (2018). The Arizona Supreme Court affirmed summary judgment for Reynolds Metal, Alcoa and Reywest, holding they owed no duty to Quiroz for take-home asbestos exposure; it vacated the court of appeals opinion in part because it disagreed with some of its reasoning.
• City of Phoenix v. Glenayre Electronics, Inc. (2017). The Arizona Supreme Court affirmed dismissal of the City of Phoenix's contract-based indemnity claims against the eight Contractors as barred by the statute of repose, but reversed dismissal of its claims against the Developers and remanded.
• City of Phoenix v. Glenayre Electronics, Inc. (1st Division, 2016). The Court of Appeals affirmed dismissal of the City of Phoenix's third-party indemnification complaint against developers and contractors as barred by the eight-year statute of repose, and affirmed attorneys' fee awards to the developers who sought them.
• Quiroz v. Alcoa Inc. (1st Division, 2016). The Arizona Court of Appeals affirmed summary judgment for Reynolds Metal Company, holding it owed no duty of care to the Quirozes for Dr. Quiroz's take-home asbestos exposure.
• Pounders v. Enserch E & C, Inc. (2013). The Arizona Supreme Court held that New Mexico substantive law, including its statute of repose, governed Mrs. Pounders' wrongful death claim, affirmed summary judgment for Enserch, BW/IP and Riley Power, and vacated parts of the court of appeals' opinion.
• Pounders v. Enserch E & C, Inc. (1st Division, Dept. A, 2012). The Arizona Court of Appeals affirmed summary judgment for Enserch, Riley and BW, holding that New Mexico law applied and its statute of repose barred Mrs. Pounders' wrongful death claims.
• Leabo v. Allied Signal, Inc. (2011). The federal district court granted General Electric's Rule 12(c) motion, joined by MetLife, and dismissed the plaintiffs' wrongful death action with prejudice as barred by res judicata, so the plaintiffs lost.
• Perez v. Southern Pacific Transp. Co. (2nd Division, Dept. A, 1993). The Arizona Court of Appeals reversed the trial court's judgment for the plaintiff on strict liability for an abnormally dangerous activity against Southern Pacific, and also reversed the ruling that the products liability claim was barred by the statute of repose, remanding for further proceedings on both.

Arkansas

• Kimmons v. Autozone, Inc. (2022). The court granted the plaintiffs' voluntary dismissals of nine defendants and approved the stipulated dismissals, denied the pending motions to dismiss cross-claims and Morse TEC's summary judgment motion as moot, and held all remaining cross-claims moot; only the claims against Union Carbide remained.
• Burnett v. American International Industries (2020). The court granted American International Industries' motion to dismiss (joined by Whittaker, Clark & Daniels), dismissing without prejudice the willful and wanton conduct, punitive damages (as a standalone claim) and fraud counts, and let plaintiffs file an amended complaint within 14 days.
• Kimmons v. Autozone, Inc. (2020). The district court granted Cyprus Mines' motion to dismiss for lack of personal jurisdiction, ruling against plaintiffs Kimmons and Swopes as to Cyprus Mines only; the case continued against the other defendants.
• Thomas v. Borg-Warner Morse Tec LLC (2018). The court granted Hennessy Industries' motion for summary judgment and dismissed it from the case, because its brake grinder contained no asbestos and could not have caused Thomas's mesothelioma.
• Hendrix v. Alcoa, Inc. (2016). The Arkansas Supreme Court affirmed the circuit court's dismissal of the estate's wrongful-death and survival suit against Alcoa, holding the workers' compensation exclusive-remedy provision barred it, and denied Alcoa's motion to dismiss the appeal.
• Valentine v. Borg-Warner Corporation (2009). The court granted the plaintiff's motion to remand, rejecting Borg-Warner's fraudulent joinder argument, and sent the case back to the Circuit Court of White County, Arkansas.
• Chavers v. General Motors Corp. (2002). The Arkansas Supreme Court affirmed the trial court's summary judgment for General Motors, AlliedSignal and Ford, rejecting the claims of Deidra Chavers over her husband's mesothelioma death.

California

• Holste v. 3M Company (2025). The court granted the Holstes' motion to remand to Los Angeles Superior Court, rejecting Boeing's federal officer removal, and denied the Holstes' request for attorney fees and costs.
• Brooks v. Mission Stucco Company (2nd Appellate District, 3rd Division, 2024). The Court of Appeal affirmed the order granting plaintiffs a new trial against Mission Stucco because the verdict was inconsistent, and modified it to require retrial of Mission Stucco's design defect liability as well as allocation of fault, while keeping the $5 million damages total.
• Corin v. Arkema, Inc. (2024). The court granted Paula Corin's motion and remanded the case to Los Angeles County Superior Court because Colgate-Palmolive's notice of removal was fatally defective, and denied Colgate leave to amend as futile.
• Dunlavey v. 3M Company (2024). The district court granted the plaintiffs' motion and remanded the case to Los Angeles County Superior Court, finding NASSCO failed to show it acted under a federal officer so federal-officer removal was improper.
• Perez v. Century Indemnity Co. (1st Appellate District, 2nd Division, 2024). The Court of Appeal affirmed summary judgment for Century Indemnity and Ace Property & Casualty, holding that the assigned bad faith claims were time-barred and that the policy product and vehicle exclusions barred the direct claims by the Perez family.
• Sarjeant v. Foster Wheeler LLC (2024). The court granted Vanderbilt's summary judgment motion as to Sarjeant's use of a DAP product, denied it as to the Kaiser Gypsum products, and deferred ruling on the fraud and punitive damages claims.