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.

Illinois

• Laverty v. CSX Transportation, Inc. (5th District, 2010). The appellate court reversed the Madison County circuit court's denial of CSX Transportation's forum non conveniens motion and remanded with directions to dismiss the widow's FELA counts, so CSX won and the plaintiff lost her Illinois forum.
• Simpkins v. CSX Corp. (5th District, 2010). The appellate court reversed the trial court's section 2-615 dismissal of three counts against CSX and remanded, holding the plaintiff's complaint stated a duty owed by CSX's predecessor to the employee's wife.
• Fuller v. AW Chesterton, Inc. (2009). The district court remanded Barbara Fuller's wrongful death suit against Electro-Motive Diesel and others to the Madison County, Illinois circuit court, rejecting Electro-Motive's bankruptcy-based removal on permissive abstention and equitable remand grounds.
• Funk v. AW Chesterton, Inc. (2009). The district court remanded Tammy Funk's wrongful death and survival claims to Illinois state court under permissive abstention and equitable remand, rejecting Detroit Diesel's bankruptcy-based removal.
• Nelson v. Aurora Equipment Company (2nd District, 2009). Affirmed the circuit court's summary judgment for Aurora Equipment Company, holding it owed no premises-liability duty to Eva Nelson's estate, which lost.
• Nolan v. Weil-McLain (2009). The Illinois Supreme Court reversed the appellate court and circuit court judgments for the plaintiff executrix and remanded for a new trial, because the trial court wrongly barred Weil-McLain from presenting evidence of the decedent's other asbestos exposures.
• Stephens v. AW Chesterton, Inc. (2009). The district court granted plaintiff Michael Stephens's motion to remand and sent the case back to Madison County, Illinois state court, because Foster Wheeler failed to establish federal officer removal jurisdiction.
• Berry v. American Standard, Inc. (5th District, 2008). The appellate court affirmed the order barring use of Howard Berry's discovery deposition as trial evidence, and affirmed the summary judgments for the defendants, so his widow lost.
• Dukes v. Pneumo Abex Corporations (4th District, 2008). The appellate court reversed the jury verdict for plaintiff Doris Dukes against Honeywell and remanded for a new trial, because the trial court wrongly admitted a 1948 nolo contendere price-fixing plea and a Bendix employee's letter; it denied Honeywell's request for judgment n.o.v. and its motion to return discovery documents.
• Gregory v. Beazer East (1st District, 5th Division, 2008). The appellate court affirmed summary judgment for Mobil (no duty to the pipe fitter) and the order applying Indiana law in favor of Georgia-Pacific, so the widow lost on both claims.
• Nolan v. Weil-McLain (4th District, 2006). The appellate court affirmed the $2,368,000 jury verdict for plaintiff Sally Nolan against Weil-McLain, rejecting its challenges to the exclusion of other-exposure evidence, the refusal of a contributory-negligence instruction, and the closing-argument remarks (one justice dissented).
• Flanders v. California Coastal Communities (5th District, 2005). The appellate court reversed the trial court's denial of California Coastal Communities' motion to dismiss for lack of personal jurisdiction and remanded, because the trial court never found that California Coastal was M.W. Kellogg's successor; the plaintiff's estate lost this round.
• Caruso v. M & O Insulation Co. (4th District, 2003). The appellate court reversed the directed verdict for M & O Insulation Company at the close of plaintiffs' case and remanded, leaving any Rule 219 sanction question to the trial court; Caruso won and M & O lost.
• Pritchett v. Asbestos Claims Mgt. Corp. (5th District, 2002). The appellate court affirmed the circuit court's order enforcing the settlement jointly and severally against the remaining CCR defendants for the unpaid balance, and rejected their accord-and-satisfaction defense, so plaintiff Pritchett won.
• Boldini v. Owens Corning (4th District, 2001). The appellate court reversed the trial court's summary judgment for Sprinkmann Sons Corporation of Illinois and remanded, holding the construction statute of repose did not bar plaintiffs' claims based on Sprinkmann's sale and distribution of asbestos products.
• Burns v. AP Green Industries, Inc. (5th District, 2001). The appellate court reversed the trial court's denial of the defendants' motions to transfer and remanded with directions to transfer the case from Madison County to Shelby County, Illinois, ruling for the defendants.
• Dykstra v. AP Green Industries, Inc. (5th District, 2001). The appellate court affirmed the Madison County trial court's denial of the defendants' motion to dismiss or transfer on forum non conveniens grounds, so plaintiff Dykstra kept his chosen forum and defendants Burns, Certain-Teed, Pfizer, Quigley and Union Carbide lost.
• King v. Paul J. Krez Co. (1st District, 5th Division, 2001). The appellate court affirmed summary judgment for insulation contractors Krez and Brand, holding the widow's wrongful death claim was barred by the 10-year construction statute of repose.
• Burgess v. Abex Corp. EX rel. Pneumo Abex (4th District, 2000). On remand from the Illinois Supreme Court in light of McClure, the appellate court reversed the judgment against Abex and remanded for a new trial, and reversed the judgment against Pittsburgh Corning and ordered judgment entered in its favor.
• Burgess v. Abex Corp. (4th District, 1999). The appellate court affirmed the jury verdict and judgment for plaintiffs (the Burgess estate and Francis Burgess) against Abex Corporation and Pittsburgh Corning Corporation on a civil conspiracy theory.
• Spain v. Owens Corning Fiberglass Corp. (4th District, 1999). The appellate court affirmed the $1.8 million jury verdict for plaintiff Shirley Spain against Owens Corning Fiberglass, rejecting its challenges to causation, evidence exclusion, the jury instruction, and the denial of a new trial or remittitur.
• Westinghouse Airbrake Co. v. Indus. Com'n (3rd District, Industrial Commission Division, 1999). The court dismissed the Brook appeal for want of a valid Commission decision and remanded it, held that Lyle Heller's claims could not proceed under the Workers' Compensation Act (dismissed them) while Bertha Heller's death-benefit claim could and was remanded to the Commission, and found the circuit court had jurisdiction over Bertha's appeal.
• McClure v. Owens Corning Fiberglas Corp. (4th District, 1998). The appellate court affirmed the jury verdicts for plaintiffs Bicknell, Thacker and McClure against Owens Corning Fiberglas and (in McClure) Owens-Illinois, and remanded only so the trial court could apply setoffs for settlements with other defendants.
• Risch v. Paul J. Krez Co. (1st District, 6th Division, 1997). The appellate court affirmed summary judgment for Paul J. Krez Co., holding the construction statute of repose barred the estates' wrongful death claims; the plaintiffs lost.
• Van Winkle v. Owens-Corning Fiberglas Corp. (4th District, 1997). The appellate court reversed the jury verdicts for the Van Winkle and Hicks plaintiffs against Owens-Corning Fiberglas because the trial court did not properly answer the jury's question on conspiracy, and remanded for a new trial.
• Barry v. Owens-Corning Fiberglas Corp. (1st District, 1st Division, 1996). The appellate court affirmed the judgment on the jury's roughly $12.3 million verdict (reduced to about $11 million for settlements) for the Barry estate against Owens-Corning Fiberglas, rejecting OCF's challenges to the videotape, instructions, verdict form and damages amount.
• Nelson v. Keene Corp. (1st District, 1st Division, 1996). The appellate court affirmed the circuit court's dismissal of the Nelson and Dunning actions for lack of jurisdiction, ruling for the defendant companies and against the plaintiffs.
• WR Grace & Co. v. Csr Ltd. (3rd District, 1996). The appellate court affirmed the trial court's denial of CSR Limited's motion to dismiss, holding that Illinois courts may exercise personal jurisdiction over CSR in Helen Ensey's wrongful death suit.
• Hefner v. Owens-Corning Fiberglas Corp. (5th District, 1995). The appellate court affirmed the Madison County trial court's denial of Owens-Corning Fiberglas's motion to reconsider transfer to Massac County for forum non conveniens, so the plaintiff kept his chosen forum, and remanded the case.
• Costa v. Dresser Industries, Inc. (3rd District, 1994). The appellate court affirmed the judgment for defendants A.P. Green, Sprinkmann Sons, E.D. Bullard, Dresser Industries, Magid Manufacturing and Fibreboard, rejecting the widow's claims of trial error and her sanctions request.
• Hartman v. Pittsburgh Corning Corp. (5th District, 1994). The appellate court affirmed the Madison County judgment for the plaintiff (James Hartman's estate) against Pittsburgh Corning, including the punitive damages award, and rejected all of Pittsburgh Corning's claims of error.
• Keystone Steel and Wire Co. v. Costa (3rd District, 1994). The appellate court affirmed the judgment against Owens-Corning (including the new trial limited to wrongful death damages) and affirmed the denial of Keystone Steel & Wire's petitions for subpoena-compliance expenses, so the plaintiff and the trial court's rulings prevailed.
• Kieffer and Co., Inc. v. Industrial Com'n (2nd District, Industrial Commission Division, 1994). The appellate court affirmed the circuit court's judgments confirming the Industrial Commission: Kieffer and Company stayed liable for the widow's death benefits, and the widow lost her claim for temporary total disability benefits.
• Adcock v. Brakegate, Ltd. (4th District, 1993). Affirmed the judgment on the $213,811.79 verdict for the plaintiff executor against Owens-Corning Fiberglas, upholding denial of OCF's motion to dismiss the civil conspiracy counts and the default judgment on liability entered as a sanction.
• Kurrack v. American Dist. Telegraph Co. (1st District, 5th Division, 1993). The appellate court affirmed the judgment entered on the jury verdict for American District Telegraph Co. against plaintiff Jane Kurrack, finding no reversible error in the jury instructions or evidentiary rulings.
• Whitney v. Industrial Com'n (4th District, Industrial Commission Division, 1992). The appellate court affirmed the Industrial Commission's dismissal of Velda Whitney's death-benefits claim against C. Iber & Sons as untimely, because her husband had no disablement within three years of his last asbestos exposure.
• Leng v. Celotex Corp. (1st District, 1990). The appellate court affirmed the trial court's dismissal of the market share liability counts against Celotex and the other defendants, refusing to adopt market share liability in Illinois asbestos cases.
• Naden v. Celotex Corp. (1st District, 1989). The appellate court affirmed summary judgment for Celotex, Flintkote, Keene and Eagle-Picher because the plaintiff, the widow of a mesothelioma victim, offered no evidence that the defendants' products were used where her husband worked.
• Blazek v. Nicolet, Inc. (1st District, 1988). Affirmed the trial court's dismissal of the strict liability counts against Nicolet and the other asbestos defendants as barred by the statute of repose; the plaintiff's estate lost.
• Costello v. Unarco Industries, Inc. (1986). The Illinois Supreme Court reversed the lower courts' dismissal of the strict liability counts against H.K. Porter and remanded, holding Marion Costello's suit was timely under section 13-213.
• In re Unr Industries, Inc. (1985). The bankruptcy court denied widow Frances Close's request for relief from the automatic stay, so she could not pursue her wrongful death suit against the UNR debtors outside the bankruptcy case.
• Costello v. Unarco Industries, Inc. (4th District, 1984). The appellate court affirmed the dismissal of Marion Costello's strict liability counts as barred by the statute of repose and of her negligence counts as insufficiently pleaded, so the defendants, including H.K. Porter Company, won.
• Froud v. Celotex Corp. (1983). The Illinois Supreme Court reversed the appellate court and affirmed the circuit court's dismissal of the plaintiffs' common law punitive damages claims against the asbestos defendants, including Celotex, because those claims did not survive the decedents' deaths under the Survival Act.
• Hobby v. Johns-Manville Sales Corp. (1983). The court granted summary judgment to the defendants (Keene, Armstrong Cork, Celotex, Standard Insulation, Pittsburg Corning, GAF) on the widow's claims for medical and funeral expenses, lost earnings and pain and suffering as time-barred, but denied it on the wrongful-death loss of consortium claim and on the products liability claim.

Indiana

• 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.
• Asbestos Corporation Limited v. Akaiwa (2007). The Indiana Court of Appeals reversed the trial court's denial of summary judgment, ruling for Asbestos Corporation Limited because the executor of Littlefield's estate showed no evidence that Littlefield was exposed to ACL asbestos.
• Casper v. LE Isley & Sons, Inc. (2007). The Court of Appeals affirmed the Worker's Compensation Board's dismissal of the Estate's claim against employer L.E. Isley & Sons, so the Estate lost and Isley won.
• TH Agriculture and Nutrition, LLC. v. Akaiwa (2007). The Indiana Court of Appeals reversed the trial court's denial of summary judgment, ruling for THAN and against the executor of Littlefield's estate because THAN was not an asbestos miner and the ten-year statute of repose barred the claim.
• Jurich v. John Crane, Inc. (2005). The Indiana Court of Appeals affirmed summary judgment for John Crane, WTI Rust Holdings and Mallinckrodt, holding the plaintiffs' claims were barred by the ten-year product liability statute of repose, to the loss of the Jurich and Serna estates.
• AlliedSignal, Inc. v. Herring (2003). The Indiana Supreme Court granted transfer, vacated the Court of Appeals opinion and the trial court's denial of summary judgment, and remanded for the trial court to decide whether the repose period's exception applied, which partly favored the defendants and left Lucille Herring's claims alive only if the exception applies.