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.

California

• Sarjeant v. Foster Wheeler LLC (2024). The court granted plaintiff James Sarjeant's motion to compel Foster Wheeler LLC to produce documents about its boilers on six ships repaired at Todd Shipyards, and ordered production within 10 days.
• Williams v. JM Manufacturing Company, Inc. (1st Appellate District, 2nd Division, 2024). The Court of Appeal affirmed the judgment for Cornelius Williams (substituted by his brother Nathan as successor-in-interest) against J-M Manufacturing Company, rejecting its arguments for a defense judgment or new trial.
• Gemaehlich v. Air & Liquid Systems Corporation (2023). The court granted the Gemaehlichs' motion to remand the case to Alameda Superior Court after the two defendants that asserted federal officer removal (John Crane and Crosby Valve) were dismissed, declining supplemental jurisdiction over the state-law claims.
• Ramirez v. Avon Prods. (Laosd Asbestos Cases) (2nd Appellate District, 8th Division, 2023). The Court of Appeal reversed the summary judgment for Avon Products, Inc. and remanded, ruling for the Ramirezes, because Avon's only burden-shifting evidence, the Gallo Declaration, was inadmissible.
• Marcus v. Air & Liquid Systems Corporation (2023). The district court denied the plaintiffs' (Michael and Victoria Marcus) motion to remand and for attorneys' fees, finding that the removing defendants (Greene Tweed, Air & Liquid Systems, Foster Wheeler) met the federal officer removal requirements.
• Ochoa v. Spx Cooling Technologies, Inc. (1st Appellate District, 1st Division, 2023). The Court of Appeal affirmed summary judgment for cooling tower makers BAC and SPX (Marley's successor) and against plaintiffs Jo Ann Ochoa and Arianna Huerta, finding no triable issue that Ochoa was exposed to asbestos from their towers.
• Ollerton v. National Steel and Shipbuilding Company (2023). The district court denied plaintiff William Ollerton's motion to remand, holding that defendant National Steel and Shipbuilding Company (NASSCO) properly removed the case under the federal officer removal statute.
• Wilgenbusch v. Metalclad Insulation LLC (1st Appellate District, 3rd Division, 2023). The Court of Appeal affirmed the judgment for Ronald and Judith Wilgenbusch, rejecting Metalclad Insulation's argument that its noneconomic damages should be limited to its own 7 percent share of fault under Proposition 51.
• Beierschmitt v. Grobet File Company OF America, LLC (2nd Appellate District, 5th Division, 2022). The Court of Appeal reversed the trial court's order granting Grobet's motion to quash service for lack of personal jurisdiction, ruling for the Beierschmitt plaintiffs, and remanded for further proceedings.
• Hahn v. New York Air Brake LLC (1st Appellate District, 5th Division, 2022). The Court of Appeal reversed summary judgment for New York Air Brake, holding the plaintiffs (Hahn's heirs) could substitute Air Brake for a Doe defendant, and awarded plaintiffs their costs on appeal.
• Darden v. Western Asbestos Settlement Trust (In re Western Asbestos Settlement Trust) (2022). The district court affirmed the bankruptcy court's summary judgments for the Western Asbestos Settlement Trust, holding the 1986 release and claim preclusion barred Darden's personal injury claim and the Trust need not pay the heirs' wrongful death claims; the Dardens lost, and the Trust's motion to strike new reply-brief arguments was granted.
• Payne v. Abb, Inc. (2022). The court found the two actions related under Local Rule 123 and reassigned the later-filed Payne case to the same district judge and magistrate judge as the first-filed case, without consolidating them.
• Shelton v. Air & Liquid Systems Corporation (2022). The court granted the defendants' joint motion to strike the specific-causation opinions of the plaintiffs' expert, Dr. Edwin Holstein, because they lacked a sufficient foundation under federal maritime law.
• Ann Strobel v. Johnson & Johnson (1st Appellate District, 4th Division, 2021). The Court of Appeal reversed the summary judgment for Johnson & Johnson and remanded the case, finding the Strobels had raised a triable issue on whether the baby powder Douglas Strobel used contained asbestos.
• Cahill Construction Company v. Superior Court of Alameda County (1st Appellate District, 5th Division, 2021). The Court of Appeal denied the writ petition by Cahill Construction and other defendants, holding the trial court correctly refused to allow more than 14 hours of defense deposition of mesothelioma plaintiff Edward Richards, and rejecting the due process challenge; plaintiffs prevailed.
• Harris v. Thomas Dee Engineering Co., Inc. (1st Appellate District, 5th Division, 2021). The Court of Appeal reversed the summary judgment that had favored Thomas Dee Engineering and sent the case back, so Harris's wife and children may continue their claims against Thomas Dee.
• Harris v. Thomas Dee Engineering Co., Inc. (1st Appellate District, 5th Division, 2021). The Court of Appeal reversed the summary judgment for Thomas Dee Engineering, holding the plaintiffs' expert declaration raised a triable issue on whether Thomas Dee's work exposed Michael Harris to asbestos.
• Toy v. Warren Pumps (In re Asbestos) (2021). The district court denied Warren Pumps, LLC's motion for summary judgment, finding genuine factual disputes on exposure to asbestos from its pumps and gaskets and on substantial-factor causation, so plaintiffs Agnes Toy and Thomas Toy, Jr. prevailed on the motion.
• Toy v. Warren Pumps (In re Asbestos) (2021). The federal district court denied the plaintiffs' motions to exclude the testimony of defense experts Dr. Paustenbach and Dr. Roggli, so the defendants won the ruling.
• Toy v. Warren Pumps (In re Asbestos) (2021). The court granted Warren Pumps' and Armstrong International's motions to exclude plaintiffs' expert Captain Burger from testifying that Mr. Toy worked on or around those companies' products or about land-based steam traps.
• Toy v. Armstrong Int'l (In re Asbestos) (2021). The court granted in part and denied in part Armstrong's motion to exclude plaintiffs' expert Dr. Brody (he may give general but not specific causation testimony) and denied Warren Pumps' and Honeywell's motion to exclude "every exposure" testimony, without prejudice to renewed objections at trial.
• Toy v. Honeywell Int'l (In re Asbestos) (2021). The district court denied Honeywell's motion to exclude plaintiffs' causation expert Dr. Carl Brodkin, so the Toy plaintiffs won the ruling, and it terminated as moot the parallel motions by Ingersoll-Rand, Morse TEC and Metalclad.
• Toy v. Armstrong Int'l (In re Asbestos) (2021). The court granted the Toy plaintiffs' motion to strike defense expert Dr. Gail Stockman's testimony on asbestos state of the art and on asbestos exposure and risk from steam traps, a ruling against defendant Armstrong International.
• Toy v. Armstrong Int'l (In re Asbestos) (2021). The court granted in part and denied in part the defendants' motion to strike plaintiffs' expert Dr. Staggs: it kept only two pages of his rebuttal report and barred him from testifying in the plaintiffs' case-in-chief, but refused to strike the report as untimely.
• Putt v. Ford Motor Co. (In re Laosd Asbestos Cases) (2nd Appellate District, 2nd Division, 2021). The Court of Appeal reversed the judgment against Ford in part, upholding Ford's liability, the compensatory award and the punitive-damages eligibility finding, but ordering a new trial on apportionment of fault among Ford, other automakers and brake pad makers/suppliers and on the amount of punitive damages.
• Toy v. Armstrong Int'l (In re Toy Asbestos) (2021). The district court granted Armstrong International's motion for summary judgment on all claims by Agnes Toy and Thomas Toy, Jr., and directed entry of judgment for Armstrong.
• Darden v. Western Asbestos Settlement Trust (In re Western Asbestos Co.) (2021). The bankruptcy court granted the Dardens' motion in part, declaring that Edward Darden's 1986 release did not bar their wrongful death claims, and granted the Western Asbestos Settlement Trust's motion, declaring that the Trust documents do not let it pay those claims.
• Darden v. Western Asbestos Settlement Trust (In re Western Asbestos Co.) (2021). The bankruptcy court denied the Dardens' summary judgment motion and granted summary judgment to the Western Asbestos Settlement Trust, holding that Edward Darden's 1986 release and claim preclusion barred his June 2017 trust claim.
• Irani v. Exxon Mobil Corporation (2nd Appellate District, 7th Division, 2021). The Court of Appeal affirmed summary judgment for the Chevron and Exxon defendants, holding they owed no duty of care to Ali Irani, so the Irani plaintiffs lost.
• Khosravan v. Chevron Corporation (2nd Appellate District, 7th Division, 2021). The Court of Appeal reversed the order denying the Khosravans' motion to strike or tax costs, holding the Chevron defendants' section 998 offers invalid, and remanded for the trial court to recalculate costs owed to the Chevron defendants.
• Khosravan v. Exxon Mobil Corp. (2nd Appellate District, 7th Division, 2021). The Court of Appeal affirmed summary judgment for the Chevron and Exxon defendants, holding they owed no duty of care to Khosravan, and awarded respondents their costs on appeal.
• Leavitt v. Johnson & Johnson (1st Appellate District, 5th Division, 2021). The Court of Appeal affirmed the judgment for plaintiffs Leavitt and McElroy against Johnson & Johnson and Johnson & Johnson Consumer Inc., finding no prejudicial error and substantial evidence of causation.
• Morgan v. JM Manufacturing Co., Inc. (2nd Appellate District, 1st Division, 2021). The Court of Appeal affirmed the compensatory judgment for the Morgans against J-M Manufacturing but reversed the $15,000,000 punitive damages award for lack of evidence about officers, directors or managing agents.
• Phipps v. Copeland Corporation LLC (2nd Appellate District, 7th Division, 2021). The Court of Appeal affirmed the judgment for William and Linda Phipps against Copeland Corporation, upholding the 60 percent fault allocation, the denial of Copeland's new trial/remittitur motion, and the $25 million noneconomic damages award.
• Pizarro v. National Steel and Shipbuilding Company (2021). The court denied NASSCO's motion for summary and partial summary judgment, granted Pep Boys' motion on the negligent misrepresentation and fraud by nondisclosure claims because plaintiffs waived them, and denied Pep Boys' motion on punitive damages, so the case went forward for plaintiffs.
• Rathbun v. Barretts Minerals, Inc. (2021). The court granted the Rathbuns' motion to remand to Alameda Superior Court, finding Chattem and Lucky had not shown the California defendants were fraudulently joined, and denied the Rathbuns' request for fees and costs.
• Shelton v. Air & Liquid Systems Corporation (2021). The court granted defendant Superior Lidgerwood Mundy Corporation's motion to dismiss for lack of personal jurisdiction, with leave to amend, and granted plaintiffs' request for jurisdictional discovery.
• Spurlin v. Air & Liquid Systems Corporation (2021). The district court denied the joint Rule 12(b)(1) motion of Warren Pumps, Foster Wheeler, IMO and Crane to dismiss for lack of subject matter jurisdiction based on Yearsley derivative sovereign immunity, so the Spurlins prevailed on the motion.
• Spurlin v. Air & Liquid Systems Corporation (2021). The court granted Tate Andale's summary judgment motion and all defendants' motion on punitive damages and loss of consortium, but denied the other equipment manufacturers' motion on duty to warn, causation and the government contractor defense, and on plaintiffs' cross-motion granted judgment for the Spurlins only on the sophisticated purchaser defense.
• Swanson v. The Marley-Wylain Co. (2nd Appellate District, 1st Division, 2021). The Court of Appeal reversed the $5,489,688.68 judgment for Swanson against The Marley-Wylain Co. and remanded for a new trial, because the jury was instructed on California rather than Michigan causation law.
• Sweikhart v. Akebono Brake Industry Co. (2nd Appellate District, 3rd Division, 2021). The Court of Appeal reversed the trial court's order granting Akebono Brake Industry Co.'s motion to quash service, holding the Sweikharts validly served the Japanese parent by serving its American subsidiary's agent.
• Viale v. Foster Wheeler, LLC (2021). The Ninth Circuit affirmed summary judgment for Foster Wheeler and Exxon Mobil, rejecting the claims of Debbie Viale and Amber Jacobs for lack of evidence of exposure to Foster Wheeler products or Exxon-caused exposure.
• Webb v. General Cable Corp. (1st Appellate District, 1st Division, 2021). The Court of Appeal reversed the jury verdict for plaintiffs Amos and Jeannie Webb against General Cable and directed the trial court to enter judgment for General Cable, because the evidence did not show Webb was exposed to asbestos in General Cable's products.
• Anderson v. Johnson & Johnson (2020). The court approved the parties' stipulation dismissing the wrongful death action against Johnson & Johnson and Johnson & Johnson Consumer Inc. without prejudice, with the limitations period tolled until after the state appeal ends.
• Bader v. Avon Products, Inc. (1st Appellate District, 4th Division, 2020). The Court of Appeal reversed the trial court's order granting Avon's motion to quash service of summons for lack of specific personal jurisdiction, and reversed the costs award to Avon, so plaintiff Bader prevailed.
• Barr v. Parker-Hannifin Corp. (1st Appellate District, 3rd Division, 2020). The Court of Appeal affirmed the judgment for Barr's successor against Parker-Hannifin and Standard Motor Products, rejecting Standard's evidentiary challenges and Parker's challenges to the punitive damages award.
• Booker v. Imerys Talc America, Inc. (1st Appellate District, 3rd Division, 2020). The Court of Appeal affirmed the judgment for the Booker plaintiffs against Imerys Talc America, rejecting Imerys's challenges to the exposure evidence, the special verdict form and the finding that it had assumed Cyprus's pre-1992 liabilities.
• Booker v. Imerys Talc America, Inc. (1st Appellate District, 3rd Division, 2020). The Court of Appeal affirmed the trial court's postjudgment order that largely denied Imerys's motion to tax costs, so the Booker plaintiffs kept their costs for claims against other defendants.
• Collantes v. Elementis Chemicals, Inc. (2nd Appellate District, 7th Division, 2020). The Court of Appeal reversed the summary judgments for Union Carbide and Elementis, holding they had not shown that Collantes lacked sufficient evidence of exposure, and directed the trial court to deny their motions.
• Estes v. Eaton Corporation (1st Appellate District, 2nd Division, 2020). The Court of Appeal reversed the order granting plaintiff Norman Estes a new trial, rejected his cross-appeal challenging the jury's verdict, and reinstated and affirmed the judgment for defendant Eaton Corporation.