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.

Kentucky

• Papineau v. Brake Supply Company, Inc. (2020). The magistrate judge granted third-party defendant Fras-le S.A.'s motion for a protective order against all topics in Brake Supply's amended Rule 30(b)(6) deposition notice, allowing Brake Supply to serve a revised notice on Topics 2, 3, 4 and 22-28.
• Papineau v. Brake Supply Company, Inc. (2020). The court granted Rudd Equipment's motion to dismiss Brake Supply's amended third-party complaint, dismissing the common law indemnity claim for lack of facts, while noting Brake Supply keeps its right to seek an apportionment instruction at trial.
• Papineau v. Brake Supply Company, Inc. (2020). The district court overruled Honeywell's objection and left in place the Magistrate Judge's orders compelling Honeywell to answer an interrogatory and a document request, so the Papineaus prevailed.
• Clouse v. Associated Drywall Suppliers, Inc. (2019). The court granted Michael Clouse's motion to remand his talc mesothelioma suit to Jefferson Circuit Court, rejecting Johnson & Johnson's bankruptcy-related removal, and denied all other pending motions as moot.
• Ford Motor Company v. Sheets (2019). The Court of Appeals vacated the trial court's one-sentence order denying Ford Motor Company's summary judgment motion and remanded for the trial court to state the basis for its ruling, leaving Ford's up-the-ladder immunity claim undecided.
• Hayes v. Colgate-Palmolive Company (2019). The district court granted the executrix's motion to remand her wrongful death talc case against Johnson & Johnson to Jefferson Circuit Court on equitable grounds and denied her request for attorney's fees and costs.
• Schneider Electric USA, Inc. v. Williams (2019). The Court of Appeals affirmed the trial court's denial of summary judgment to Schneider Electric (Square D), so the estate of Vickie Williams may continue its claims against Square D.
• Letcher County Board OF Education v. Hall (2018). The Court of Appeals affirmed the Workers' Compensation Board's reversal of the ALJ, so Roger Hall's mesothelioma claim was not time-barred and the Letcher County Board of Education lost.
• Landreth v. Brake Supply Company, Inc. (2017). The Court of Appeals affirmed summary judgments for Pneumo Abex, Brake Supply, Eaton and ArvinMeritor against Vickery's Estate, and dismissed the defendants' cross-appeals as moot (one judge dissented).
• Stallings v. Georgia Pacific Corp. (2017). The Sixth Circuit affirmed summary judgment for Georgia-Pacific against Carol Lee Stallings, because her experts' 'any exposure' testimony could not show that Georgia-Pacific's products were a substantial factor in her husband's mesothelioma.
• Surita v. Arvinmeritor, Inc. (2017). The court granted summary judgment to all defendants (Meritor, Arvinmeritor, Goodyear, Trane, Meritor WABCO, Caterpillar, Navistar and Genuine Parts) because plaintiff Rojelio Surita offered no proof their products were a substantial factor in his wife's mesothelioma, and denied Genuine Parts' jurisdiction motion as moot.
• Mannahan v. Eaton Corporation (2016). The Court of Appeals of Kentucky affirmed summary judgment for Palmer Products, Eaton and Arvin-Meritor (Rockwell) against Mannahan and his estate, because the evidence did not show he was probably exposed to any of their brake products.
• Anderson v. Motorola Solutions, Inc. (2015). The Court of Appeals reversed the circuit court's summary judgment for Motorola Solutions and Zenith Electronics and remanded for trial, ruling for the plaintiff estate.
• Stallings v. Georgia-Pacific Corporation (2015). The district court granted summary judgment to Georgia-Pacific, IMO Industries, Crane Company, John Crane Inc. and CBS Corporation because the plaintiff could not show that any defendant's product was a substantial factor in causing Stallings's mesothelioma, and the plaintiff lost.
• Durham v. Ford Motor Company (2014). The Court of Appeals affirmed the trial court's summary judgment and partial summary judgment for Ford Motor Company on both the plaintiff's appeal and Ford's cross-appeal, rejecting the Durham estate's premises and products claims and Ford's request for total immunity.
• McGuire v. Lorillard Tobacco Company (2014). The Kentucky Court of Appeals affirmed the jury's defense verdict for Lorillard Tobacco Company and Hollingsworth & Vose Company against the estate of William McGuire, finding no reversible error.
• Holland v. Union Carbide Corporation (2013). The court denied Union Carbide Corporation's motion for summary judgment based on the military contractor defense, so the plaintiff's claims against it continue.
• Stallings v. Georgia-Pacific Corporation (2013). The court denied the Stallings' motion to remand, keeping the case in federal court on General Electric's and Crane Company's federal officer removal.
• Bruszewski v. Motley Rice, LLC (2012). The court denied Motley Rice's and Provost Umphrey's motions to compel arbitration and to dismiss the legal malpractice complaint and Donna Bruszewski's individual claims, but granted dismissal of the claim for "lost" punitive damages.
• Rehm v. Ford Motor Company (2011). The Court of Appeals affirmed the jury verdict and judgment for Ford Motor Company against the Rehm family, and held Ford's cross-appeal moot while addressing its merits.
• Bush v. Eaton Corporation (2010). The district court granted the plaintiff's motion to remand to Warren Circuit Court, finding a colorable claim against plant supervisor Kinsner so there was no fraudulent joinder, and denied fees and costs; the removing defendants lost on remand but won on timeliness and fees.
• Sunbeam Corporation v. Dortch (2010). The Kentucky Supreme Court affirmed the Court of Appeals' denial of Sunbeam's petition for a writ to compel dismissal of the wrongful death suit, so the executors of Leon Fischer's estate won and Sunbeam lost.
• Cardinal Industrial Insulation Co., Inc. v. Norris (2009). The court reversed the judgment against Cardinal Industrial Insulation and remanded for a directed verdict in its favor, and rejected the Norris estate's cross-appeal claims, including its challenge to the directed verdict for Scientific Design.
• Dunkel v. Boetler (2009). The Kentucky Supreme Court affirmed the Court of Appeals' denial of the executor's petition for a writ of prohibition, leaving in place the trial court's discovery limits favoring Arkema, Goodrich and Big Rivers.
• RT Vanderbilt Company, Inc. v. Franklin (2009). The Kentucky Court of Appeals affirmed the $4,090,000 judgment for Johnny Franklin and Flora Franklin's estate against R.T. Vanderbilt Company, rejecting all of Vanderbilt's claims of error.
• Jeffries v. Georgia-Pacific Corporation (2008). The Court of Appeals of Kentucky affirmed the Metcalfe Circuit Court's judgment on a defense verdict for Georgia-Pacific, holding the trial court did not err in denying the Irwin estate's motion for a new trial.
• Lee v. DuPONT (2008). The Court of Appeals affirmed summary judgment for DuPont, holding that the workers' compensation exclusive remedy barred Mildred Lee's suit over her husband's asbestos death and that denying further discovery was not an abuse of discretion.
• Fleischman v. CSX Transportation, Inc. (2007). The court granted CSX Transportation summary judgment against Pauline Fleischman, holding that the 1986 release barred the claims and that FELA's three-year limitations period barred the personal injury claim, and dismissed all claims.
• General Elec. Co. v. Cain (2007). The Kentucky Supreme Court held that General Electric was not entitled to summary judgment on its exclusive-remedy defense and that nine of the sixteen premises owners in the Rehm case were, with seven owners' claims remanded; it also held that documented proof of workers' compensation coverage suffices absent contrary evidence, and that the immunity does not violate Kentucky's jural rights doctrine.
• White v. Cardinal Industrial Insulation Co., Inc. (2007). The Court of Appeals vacated the summary judgment that had dismissed Alice White's claims against Cardinal Industrial Insulation and remanded for further proceedings, ruling for the White estate.
• Hunton v. City of Bowling Green (2006). The Court of Appeals affirmed the Warren Circuit Court's summary judgment dismissing the asbestos negligence claim against the City of Bowling Green, so the Hunton estate lost.
• Rehm v. Navistar International (2005). The Court of Appeals of Kentucky affirmed summary judgment for all sixteen property-owner defendants, holding that they were immune under up-the-ladder workers' compensation immunity, so Rehm's estate and family lost.
• Heizer v. New Orleans and Pacific Railway Co. (2004). Affirmed summary judgment for the railroads on the FELA survival action as time-barred, but reversed dismissal of the children's wrongful death claim and remanded to reinstate it.
• Strickland v. Owens Corning (1998). The Sixth Circuit held the district court abused its discretion in denying Owens Corning's new-trial/remittitur motion and remanded for a remittitur reducing the judgment to no more than $883,731 (50% fault), failing which a new trial limited to fault apportionment would be held; the plaintiff estate partly lost and Owens Corning partly won.
• Louisville Trust Co. v. Johns-Manville Products (1979). The Kentucky Supreme Court reversed the Court of Appeals' ruling that the limitations period barred the claim, held the Sampson estate's suit against Johns-Manville timely, and remanded for the Court of Appeals to consider Johns-Manville's other assignments of error.

Louisiana

• Alford v. Taylor-Seidenbach, Inc. (2025). The court granted Union Carbide's partial summary judgment motion on the failure-to-properly-package claim, denied it as moot on the conceded take-home and lost-earnings claims, and denied it on the Super Visbestos, failure-to-warn and product supplier strict liability issues, so those go to trial for the plaintiffs.
• LeBOEUF v. Huntington Ingalls, Incorporated (2025). The court granted plaintiff Nolan LeBoeuf Jr.'s motion for partial summary judgment, holding that defendant Huntington Ingalls (Avondale) is not entitled to Boyle or Yearsley government contractor immunity against his failure-to-warn and failure-to-protect claims.
• Prude v. Fidelity and Casualty Insurance Company OF New York (2025). The court granted Avondale's unopposed motion for partial summary judgment, and Travelers' joinder in part, dismissing the surviving plaintiffs' wrongful death claims against Avondale and Travelers with prejudice.
• Sentilles v. Huntington Ingalls Incorporated (2025). The magistrate judge recommended granting in part and denying in part Pelnor's motion: Pelnor may supplement its crossclaim with a bad faith claim against First State for events on or after January 20, 2025, but not for events between September 4, 2024 and January 20, 2025.
• Sentilles v. Huntington Ingalls Incorporated (2025). The court ruled on Avondale's objections to plaintiff Sentilles's trial exhibits: it overruled some, sustained others (including expert reports and several publications as hearsay), deferred many to trial, and dismissed several as moot.
• Sentilles v. Huntington Ingalls Incorporated (2025). The court granted Pelnor's motion for partial summary judgment and denied First State Insurance Company's cross-motion, holding that First State must indemnify Pelnor for all of its reasonable defense attorney's fees and costs.
• Thibodeaux v. General Electric Company (2025). The court granted Avondale's unopposed motion for summary judgment and dismissed Cynthia Thibodeaux as a plaintiff.
• Chenet v. Colgate-Palmolive Company (4th Circuit, 2024). The Louisiana Fourth Circuit granted Colgate-Palmolive's writ application and reversed the trial court's order granting the Chenets a new trial after a defense jury verdict, so the verdict for Colgate stands.
• Constanza v. Sparta Insurance Company (2024). The district court denied the plaintiffs' motion to remand, holding that Avondale (Huntington Ingalls) properly removed the case under the federal officer removal statute, so the case stays in federal court.
• Craft v. Crowley Marine Services, Inc. (4th Circuit, 2024). The court of appeal granted Crowley Marine Services' writ application and vacated the trial court's judgment that had sustained Climmie Craft's res judicata exception, granted partial summary judgment and struck Crowley's defenses.
• Craft v. Eagle, Inc. (4th Circuit, 2024). The Louisiana Fourth Circuit granted Climmie Craft's writ application, reversed the trial court's rulings limiting her industrial hygiene expert Kenneth Garza to general opinions, and remanded, ruling against the defendants (Ports America Gulfport, Crowley Marine Services and their insurers).
• Ditcharo v. Union Pacific Railroad Company (2024). The district court denied the plaintiffs' motion to remand, holding that Avondale properly removed under the federal officer removal statute and that the court had supplemental jurisdiction over the remaining claims, including the FELA claims against Union Pacific.
• Ehlers v. Ports America Gulfport, Inc. (4th Circuit, 2024). The court affirmed the denial of LIGA's summary judgment motion and, in part, the grant of summary judgment for SSA Gulf, and converted the appeal of the denial of LIGA's subject matter jurisdiction exception to a writ application, which it granted but denied relief.
• Evans v. Taylor-Seidenbach, Inc. (2024). The court granted Georgia-Pacific Consumer Products LP's motion to dismiss for failure to state a claim, ruling against the Evans daughters, who did not oppose it.
• Gomez v. Huntington Ingalls Inc. (2024). The court granted Gomez's motion for partial summary judgment against Avondale, barring its government contractor immunity defenses on the failure-to-warn and safety-measure claims, and denied the motion without prejudice as to Hopeman Brothers because of its bankruptcy stay.