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.

Florida

• Viera v. BASF Catalysts LLC (2016). The court granted BASF's partial motion to dismiss (joined by Superior and Whittaker), dismissing the plaintiff's misrepresentation and concerted-acts claims without prejudice and allowing her 14 days to file a second amended complaint.
• Dugas v. 3M Company (2015). The court granted in part and denied in part the defendants' motions to dismiss: the negligence, strict liability and loss of consortium claims survived against 3M, Shell and UTC, but the fraudulent concealment claims against UTC, IMO and Shell were dismissed with prejudice.
• Oneal v. Alfa Laval, Inc. (2014). The court granted Foster Wheeler's summary judgment motion and granted Crane's motion as to Crane valves, but denied Crane's motion as to Cranite sheet gaskets, so that claim goes to the jury.
• Peruyero v. Airbus Sas (2014). The federal district court granted BAE Systems PLC's motion to dismiss for lack of personal jurisdiction and dismissed the estate's amended complaint without prejudice, giving the plaintiff seven days to file a second amended complaint.
• Rothchild v. Crane Co. (2014). The court denied Lorillard Tobacco Company's motion to strike two allegations from the plaintiffs' amended complaint, so the Rothchilds' allegations stayed in the complaint.
• Rothchild v. Crane Co. (2014). The court granted Union Carbide's motion to dismiss the amended complaint as to Union Carbide only, without prejudice, and gave the Rothchilds 30 days to amend with more specific allegations.
• Flomenhoft v. Georgia-Pacific LLC (2013). The court granted Georgia-Pacific's motion for partial summary judgment and dismissed Linda Flomenhoft's loss of consortium claim, because she was not married to Mark Flomenhoft when he was exposed to asbestos.
• Faddish v. Buffalo Pumps (2012). The court granted summary judgment to pump, valve and turbine makers Warren Pumps, Crane and Westinghouse (CBS) and against plaintiff Ruth Faddish, holding they had no duty to warn about asbestos in other companies' insulation, gaskets and packing.
• Rich v. Kaiser Gypsum Company, Inc. (4th District, 2012). The appeals court affirmed the final judgment entered after a jury found Kaiser Gypsum, R.T. Vanderbilt and Union Carbide not liable to Abbey Rich and her husband's estate, holding the former testimony was properly admitted or, for one deposition, any error was harmless.
• In re Evans Products Company (2009). The bankruptcy court granted summary judgment to the Van Brunts and denied JELD-WEN's request for a ruling that their asbestos claims were discharged by the 1986 Florida confirmation order.
• Marley v. Elliot Turbomachinery Co., Inc. (2008). The court denied the plaintiffs' motion to remand, holding that Elliott Turbomachinery and Viad properly removed the case under the federal officer removal statute, so the defendants prevailed on this motion.
• Owens-Corning Fiberglas Corp. v. Ballard (1999). The Florida Supreme Court answered the certified question yes and approved the Fourth District's decision upholding the $31 million punitive damages award for Ballard against Owens-Corning.
• ACandS, Inc. v. Redd (3rd District, 1997). The Third District reversed the $7.2 million loss-of-consortium judgment for Carol Redd against ACandS and ordered a new trial, because her derivative claim abated when her husband died mid-trial; conflict with the Fifth District was certified.
• Snoozy v. US Gypsum Co. (3rd District, 1997). The appeals court reversed the denial of a new trial on the children's damages, ordering a new trial on that issue only, and affirmed the directed verdict removing the 75% fault the jury had assigned to unnamed "others", ruling against U.S. Gypsum on its cross-appeal.
• Chesterton v. Fisher (3rd District, 1995). The appeals court reversed the judgment for the plaintiffs (the Fisher estate and survivor) against A.W. Chesterton and The Anchor Packing Company and remanded for a new trial, ruling for the defendants on the cross-examination issue.
• Davies v. Owens-Illinois, Inc. (3rd District, 1994). The appellate court reversed the final judgment for Owens-Illinois after a jury verdict and remanded for a new trial, because excluding the Ames deposition was an abuse of discretion that favored the plaintiff, Frances Davies.
• WR Grace & Co.—Conn. v. Dougherty (2nd District, 1994). The appeals court affirmed the final judgment for the Dougherty plaintiffs against W.R. Grace and Owens-Corning, rejecting their challenges to the jury instructions, the deposition evidence and the sufficiency of the evidence of Grace's negligence.
• Baione v. Owens-Illinois, Inc. (2nd District, 1992). The appellate court reversed the final judgment for Owens-Illinois, reinstated the plaintiff's strict liability counts and punitive damages claim, and remanded; the plaintiff got no retrial on negligence because she had not appealed that verdict.
• Hammer v. Rosenthal Jew. Sup. Corp. (4th District, 1990). The appeals court affirmed the trial court's dismissal of the Hammer estate's suit against Rosenthal Jewelers Supply and the other defendants as a discovery sanction, but remanded to give Mrs. Hammer ten days to consent to the autopsy and so prevent dismissal.
• Celotex Corp. v. Meehan (1988). The Florida Supreme Court quashed all three Third District decisions: it held Meehan's New York-barred claim was revived by a new New York statute and could proceed, remanded Nance for a significant-relationships determination, and let Colon's Florida-based claim proceed.
• Landrum v. Armstrong World Industries, Inc. (3rd District, 1988). The Florida Third District Court of Appeal denied Landrum's petition for certiorari, leaving in place the trial court's order for an autopsy if he died during the litigation, so Armstrong and the other defendants prevailed on this point (one judge dissented).
• Meehan v. Celotex Corp. (3rd District, 1985). The en banc court (by a 4-4 tie) left the revised panel opinion standing, which reversed summary judgment for the defendants and remanded, and certified a question on the borrowing statute to the Florida Supreme Court.
• Nance v. Johns-Manville Sales Corp. (3rd District, 1985). The en banc appeals court reversed the summary judgment that had gone to the asbestos defendants on limitations grounds and remanded, because the record did not show whether the claim arose in Florida or Virginia; it later certified a question to the Florida Supreme Court.

Georgia

• Georgia Power Company v. Campbell (2021). The Court of Appeals affirmed the denial of summary judgment on Georgia Power's duty to Campbell and the admission of Dr. Brody's testimony, but vacated the orders admitting Dr. Holstein's testimony and on the statute of repose, and remanded for further proceedings.
• Davis v. John Crane, Inc. (2019). The court reversed summary judgment for John Crane, Inc. on product identification, and affirmed summary judgment for FMC Corporation on the negligent design and failure-to-warn claims over third-party replacement parts.
• McKENNEY'S Inc. v. Sinyard (2019). The Court of Appeals reversed the superior court's order, which had reversed the Board's denial of Kevin Sinyard's workers' compensation claim, so McKenney's and Travelers won and Sinyard lost.
• Davis v. Louisiana-Pacific Corp. (2018). Affirmed the superior court's ruling upholding the State Board of Workers' Compensation's dismissal for lack of jurisdiction, so Davis's family lost their claim against Louisiana-Pacific in Georgia.
• Hanson v. Colgate-Palmolive Company (2018). The district court granted Colgate-Palmolive's motions for summary judgment and partial summary judgment on punitive damages, entering judgment against Douglas Hanson on all claims because he had no evidence that his late wife was exposed to asbestos in Cashmere Bouquet talc, or at what level.
• Scapa Dryer Fabrics, Inc. v. Knight (2016). The Georgia Supreme Court reversed the Court of Appeals' affirmance of the judgment for Roy Knight and his wife against Scapa Dryer Fabrics, holding that admitting Dr. Abraham's causation testimony was an abuse of discretion.
• Thurmon v. AW Chesterton, Inc. (2014). The district court granted Crane Co.'s re-filed motion for summary judgment on claims about Crane valves, ruling against the plaintiffs, and directed the clerk to close the case.
• Cabasug v. Crane Company (2013). The court granted Plaintiffs partial summary judgment striking the defendants' sophisticated purchaser defense, denied Plaintiffs' motion to strike the sophisticated user defense, and denied Aurora Pump Company's summary judgment motion.
• Cabasug v. Crane Company (2013). The court granted summary judgment to Maxim Evaporators, LLC and Viad Corp, finding no genuine issue that Cabasug was exposed to asbestos supplied by their alleged predecessors, and that Viad was not shown liable for its predecessor's subsidiary.
• Butler v. Union Carbide Corporation (2011). The Georgia Court of Appeals affirmed the trial court's exclusion of Dr. Maddox's specific causation testimony and its grant of summary judgment to Union Carbide, so Mrs. Butler lost.
• Adamson v. General Elec. Co. (2010). The Georgia Court of Appeals affirmed summary judgment for FMC (workers' compensation exclusive remedy) and for Chesterton, Garlock, CBS/Westinghouse, General Electric and Union Carbide (no proof of exposure to their asbestos products), against the estate's executor.
• Flowers v. Union Carbide Corp. (2005). The Georgia Court of Appeals affirmed the judgment entered on a jury verdict for Union Carbide, rejecting the Flowers family's claims of error on excluded evidence, the handling of the Georgia-Pacific stipulation, and the denial of a new trial.
• John Crane, Inc. v. Highsmith (2004). The Georgia Court of Appeals affirmed the judgment of $1,266,377 for Lois Highsmith and the estate of James Highsmith against John Crane, Inc., rejecting its challenges to the jury charges and the sufficiency of the evidence.
• John Crane, Inc. v. Jones (2004). The Georgia Supreme Court affirmed the Court of Appeals, upholding the $1,975,000 verdict for Laila Jones against John Crane, Inc. and the trial court's refusal to give a "substantial contributing factor" jury charge.
• John Crane, Inc. v. Jones (2003). The Georgia Court of Appeals affirmed the $1,975,000 jury verdict for Laila Jones against John Crane, Inc., upholding the jury charge, the evidence rulings and the denial of j.n.o.v. or a new trial.
• Williams v. Flintkote Co. (2002). The Georgia Court of Appeals affirmed summary judgment for Flintkote against Joyce and Carlton Williams, and dismissed the appeal as to GAF without prejudice because of GAF's bankruptcy stay.

Hawaii

• Dias v. Fisher Controls Int'l (In re Hawaii State Asbestos Cases) (2017). The appeals court affirmed the circuit court's order granting Shin Nippon's petition for a good faith settlement determination, rejecting objecting defendant Fisher Controls' challenges.
• Cabasug v. Crane Company (2014). The district court granted summary judgment to Maxim Evaporators, LLC and Viad Corp. against plaintiffs Robert and Joyce Cabasug, finding no genuine issue that Cabasug was exposed to asbestos supplied by their alleged predecessors.
• Cabasug v. Crane Co. (2013). The court granted in part and denied in part the Cabasugs' motion: the sophisticated user defense survives for defendants, but the sophisticated purchaser defense was struck for lack of evidence; Aurora Pump's summary judgment motion was denied.
• Cabasug v. Crane Co. (2013). The court denied the Cabasugs' motion to apply Hawaii substantive law and ruled that admiralty law governs their asbestos tort claims against the defendant product makers.
• Cabasug v. Crane Company (2013). The court granted Ametek's summary judgment motion, granted Aurora Pump's and Crane's motions in part (as to external insulation and flange gaskets and pads), denied Cleaver Brooks' motion, and denied the Cabasugs' motion on the duty to warn.
• Nobriga v. Raybestos-Manhattan, Inc. (1984). The Hawaii Supreme Court affirmed the order striking Eagle-Picher's government-specifications defense, but reversed the judgment on settlement credits and remanded for entry of a judgment of $98,472.62 for the Nobriga plaintiffs against Raybestos-Manhattan and Eagle-Picher.

Idaho

• Stephens v. Union Pacific R. Co. (2019). The Ninth Circuit affirmed summary judgment for Union Pacific Railroad and against William and Norma Stephens, because Stephens did not show that exposure attributable to Union Pacific was a substantial factor in causing his mesothelioma.
• Stephens v. Union Pacific Railroad Company (2018). The court denied Union Pacific's motion for judgment on the pleadings because it had waived its preemption defense, but granted Union Pacific summary judgment because the Stephenses lacked evidence of exposure and causation, and denied the Stephenses' cross-motion.

Illinois

• Pelton v. John Crane, Inc. (2024). The court granted John Crane's summary judgment motion on the willful and wanton conduct count (Count II) but denied it on negligence and strict liability, so the Peltons may proceed on those counts and may seek punitive damages.
• Ramirez v. Avon Products, Inc. (1st District, 5th Division, 2024). The appellate court affirmed the circuit court's order that let Avon file third-party contribution claims but severed and stayed them so the Ramirezes' trial could go ahead as scheduled; Avon lost and the Ramirezes prevailed.
• Johnson v. Edward Orton, JR. Ceramic Foundation (2023). The Seventh Circuit reversed summary judgment for Orton and remanded, holding that a jury could find Orton owed Bruce Johnson a duty before and after September 1981; it declined to reach causation.