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

• Hart v. Keenan Properties, Inc. (1st Appellate District, 5th Division, 2020). The Court of Appeal affirmed the judgment for Cynthia Hart (successor to Frank Hart), rejecting Keenan Properties' challenges to the medical-expense testimony and to the allocation of prior settlements to future wrongful death claims.
• Hart v. Keenan Properties, Inc. (2020). The California Supreme Court reversed the Court of Appeal's judgment, which had overturned the plaintiffs' verdict against Keenan Properties, and remanded to the Court of Appeal to consider other unresolved contentions, so the Harts prevailed on the hearsay question.
• Toy v. Honeywell Int'l (In re Toy Asbestos Litigation) (2020). The court granted in part and denied in part Honeywell's motion to modify the scheduling order: Honeywell could not supplement its expert Dr. Vachani's report, but Plaintiffs could depose him after the deadline.
• Kramer v. Amcord Inc. (1st Appellate District, 3rd Division, 2020). The Court of Appeal affirmed the judgment for plaintiff Kramer against Amcord, rejecting Amcord's claims that cross-examination of Kramer's experts was improperly limited and that the economic damages award lacked substantial evidence.
• Kruse v. Actuant Corporation (2020). The court denied plaintiffs George and Shigeko Kruse's motion to remand, finding federal officer removal jurisdiction proper based on Lockheed's and General Dynamics' colorable government contractor defense to the design defect claims.
• Gibbons v. Johnson & Johnson Consumer (Laosd Asbestos Cases) (2nd District, Division 4, 2020). The Court of Appeal affirmed summary judgment for Johnson & Johnson Consumer Inc. against Ann Patrice Gibbons and James Randall Gibbons, holding they had not raised a triable issue that her talc products contained asbestos.
• Mata v. Liberty Utilities (park Water) Corp. (2nd Appellate District, 3rd Division, 2020). The Court of Appeal affirmed the trial court's JNOV vacating the $5 million punitive damages award against Park Water, ruling for Park Water and against plaintiffs Alfred and Leticia Mata.
• Pizarro v. Astra Flooring Company (2020). The court denied plaintiffs Renato and Mercedita Pizarro's motion to remand, holding that defendant NASSCO timely removed and established a colorable government contractor defense under the Federal Officer Removal Statute.
• Textron, Inc. v. Travelers Casualty and Surety Company (2nd Appellate District, 4th Division, 2020). The Court of Appeal reversed the summary judgment for Travelers Casualty and Surety Co. on Textron's declaratory relief complaint and both cross-complaints, and remanded with directions to deny Travelers' motions.
• Viale v. Air & Liquid Systems Corp. (2020). The court granted Exxon Mobil's motion for summary judgment against the wife and daughter of Ronald Viale, finding they lacked evidence that Exxon was negligent as a premises owner or hirer of contractors at the Benicia Refinery.
• Viale v. Air & Liquid Systems Corp. (2020). The court granted Foster Wheeler's motion for summary judgment against plaintiffs Debbie Viale and Amber Jacobs because they lacked admissible evidence that Ronald Viale was exposed to a Foster Wheeler boiler.
• Viale v. Air & Liquid Systems Corp. (2020). The court granted SPX Cooling Technologies' motion for summary judgment against the plaintiffs (the wife and daughter of Ronald Viale) because they lacked evidence that Viale was exposed to asbestos from a Marley cooling tower.
• Viale v. Air & Liquid Systems Corp. (2020). The district court granted Foster Wheeler LLC's motion for summary judgment against the plaintiffs, the widow and daughter of Ronald Viale, because they lacked admissible evidence that Viale was exposed to a Foster Wheeler product.
• Viale v. Air & Liquid Systems Corp. (2020). The court granted Union Carbide's motion for summary judgment against plaintiffs Debbie Viale and Amber Jacobs because they offered no evidence that Ronald Viale was exposed to a product containing asbestos supplied by Union Carbide.
• Berg v. Colgate-Palmolive Company (1st Appellate District, 1st Division, 2019). The Court of Appeal affirmed summary judgment for Colgate-Palmolive, holding that Berg and his wife failed to show a triable issue on whether the Mennen shave talc he used contained asbestos.
• Burch v. Certainteed Corporation (1st Appellate District, 4th Division, 2019). The Court of Appeal affirmed the order granting JNOV to CertainTeed on intentional misrepresentation and denying it on concealment, reversed the judgment and remanded for a new judgment making CertainTeed jointly and severally liable for all damages, and affirmed denial of CertainTeed's motion to compel acknowledgment of partial satisfaction.
• Harris v. CBS Corporation (2019). The federal district court granted Michael and Elsie Harris's motion to remand, ruling that Ingersoll-Rand's removal notice was untimely, and sent the case back to Alameda County Superior Court.
• Harris v. Triple A Machine Shop, Inc. (1st Appellate District, 5th Division, 2019). The Court of Appeal reversed the summary judgment for Triple A Machine Shop, finding a triable issue on whether its ship repair work exposed Michael Harris to asbestos, and remanded for the trial court to address Triple A's alternative summary adjudication request; Harris's family won.
• Malek v. Chevron U.S.A. (In re Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed summary judgment for Chevron U.S.A., Texaco and ConocoPhillips, holding they owed no duty of care to Farid Malek or his spouse, so the Maleks lost.
• Linsowe v. Hennessy Indus. (In re Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed the trial court's orders granting the Linsowes a new trial and denying their motion for partial JNOV, finding the special verdict irreconcilably inconsistent, and remanded for a new trial; Hennessy's appeal failed and the Linsowes' cross-appeal was moot.
• Friedman v. American Biltrite (In re Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal reversed the judgment entered for American Biltrite after a directed verdict, holding plaintiffs Robert and Carole Friedman presented sufficient exposure and causation evidence, and remanded for further proceedings.
• Toy v. Viking Pump (In re Toy Asbestos Litigation) (2019). The district court denied, without prejudice to renewal after discovery, Viking Pump's motion to dismiss for lack of personal jurisdiction, finding the Toys made a prima facie case of specific jurisdiction.
• Mettias v. The Pep Boys Manny, Moe & Jack of California (Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed the judgment entered on the jury's verdict for Pep Boys against the Mettias children, holding that the refusal to give general negligence instructions and the misstatements in reading the instructions caused no prejudicial error.
• Lopez v. the Hillshire Brands Company (1st Appellate District, 5th Division, 2019). The Court of Appeal affirmed the judgment for the Lopez family against Hillshire Brands after jury trial, rejecting Hillshire's challenges and also rejecting the family's cross-appeal over summary adjudication of punitive damages.
• Rickert v. American Honda Motor Co., Inc. (2nd Appellate District, 4th Division, 2019). The Court of Appeal affirmed the coordination judge's order staying the California wrongful death case on forum non conveniens grounds, so American Honda, Yamaha and Kawasaki prevailed over plaintiff Charlene Rickert.
• Schildknegt v. Air and Liquid Systems Corp. (2nd Appellate District, 4th Division, 2019). The Court of Appeal reversed the summary judgment for Air & Liquid Systems (as successor to Buffalo Pumps) and the nonsuit for Parsons, Fluor and Fluor Enterprises, and remanded for further proceedings, so the Schildknegt plaintiff prevailed on appeal.
• Strobel v. Colgate-Palmolive Company (2019). The district court granted Douglas and Jo Ann Strobel's motion to remand their talc mesothelioma suit to Solano County Superior Court, rejecting Johnson & Johnson's bankruptcy-related removal.
• Toy v. Honeywell International Inc. (2019). The court granted NAPA's motion to dismiss for lack of personal jurisdiction and terminated NAPA from the case, ruling against plaintiffs Thomas and Agnes Toy as to NAPA.
• Viale v. Air & Liquid Systems Corp. (2019). The court denied the plaintiffs' renewed motion to remand, keeping the case in federal court against Foster Wheeler, Buffalo Pumps (Air & Liquid Systems), Calaveras, GE and the other defendants.
• Viale v. Air & Liquid Systems Corp. (2019). The court granted plaintiffs' motion for leave to file a Second Amended Complaint over Foster Wheeler's objection, and directed plaintiffs to file it by May 31, 2019.
• Viale v. Air & Liquid Systems Corp. (2019). The court denied the plaintiffs' motion to remand, holding that Foster Wheeler and Air & Liquid Systems (successor to Buffalo Pumps) properly removed the case under the federal officer removal statute.
• Weirick v. Brenntag North America, Inc. (2019). The district court granted plaintiffs' ex parte application and remanded the case to Los Angeles County Superior Court on equitable grounds, rejecting Johnson & Johnson's removal based on Imerys's bankruptcy.
• Foglia v. Moore Dry Dock Company (1st Appellate District, 2nd Division, 2018). The Court of Appeal affirmed summary judgment for Moore Dry Dock against the Foglia plaintiffs, finding no admissible evidence that the decedent's father was exposed to asbestos at the shipyard, and awarded the company its appeal costs.
• Hake v. Allied Fluid Products Corp. (1st Appellate District, 4th Division, 2018). The Court of Appeal affirmed the judgment of nonsuit for Honeywell, holding Hake waived his Washington-law argument and could not prove under Kansas law that Bendix brake exposure was a substantial factor in causing his mesothelioma.
• Hart v. Keenan Properties, Inc. (1st Appellate District, 5th Division, 2018). The Court of Appeal reversed the judgment against Keenan Properties, holding the trial court abused its discretion in admitting a foreman's hearsay testimony about invoices, so the Harts lost their verdict of about $1.63 million.
• Hart v. Special Electric Company, Inc. (1st Appellate District, 5th Division, 2018). The Court of Appeal affirmed summary judgment for Special Electric Company, Inc., holding that Hart's claims were time-barred under Wisconsin's two-year post-dissolution claims period.
• Hilt v. Foster Wheeler LLC (2018). On remand from the Ninth Circuit, the district court denied Foster Wheeler's motion for summary judgment, so the plaintiffs' claims against Foster Wheeler continue.
• Hubbard v. California Water Service Company (1st Appellate District, 3rd Division, 2018). The Court of Appeal affirmed the judgment for defendants California Water Service Company and San Jose Water Company after a defense jury verdict, rejecting the Hubbard heirs' challenges to the jury instructions and the sufficiency of the evidence.
• Alfaro v. Colgate-Palmolive Co. (Laosd Asbestos Cases) (2nd Appellate District, 4th Division, 2018). The Court of Appeal reversed the trial court's order that taxed all of Colgate-Palmolive's costs against plaintiff Alfaro, held Colgate entitled to its allowable costs under sections 1032 and 1033.5, and remanded for the trial court to decide which costs were reasonable and whether Colgate's section 998 offer was made in good faith.
• Livernois v. National Ship and Shipbuilding Company (2018). The court granted plaintiff William Livernois's motion to voluntarily dismiss his action against NASSCO without prejudice, rejecting NASSCO's forum-shopping objection because NASSCO showed no cognizable prejudice.
• Marteney v. Elementis Chemicals Inc. (2nd Appellate District, 4th Division, 2018). The Court of Appeal affirmed the wrongful death judgment for Marty Marteney's adult children against Elementis Chemicals, rejecting Elementis's claims that the judgment was void and that it was owed larger settlement credits.
• Polar-Mohr Maschinenvertriebsgesellschaft Gmbh, Co. KG v. Zurich American Insurance Company (2018). The court granted Polar-Mohr's motion for summary judgment and denied Zurich's, holding Zurich must pay all sums of the Huwe settlement plus defense costs, with 7% prejudgment interest, in Euros.
• Rudolph v. Rudolph and Sletten, Inc. (1st Appellate District, 5th Division, 2018). The Court of Appeal affirmed the judgment for Rudolph and Sletten, Inc., holding that workers' compensation exclusivity barred Allen and Pamela Rudolph's tort claims after the demurrer was sustained without leave to amend.
• Sanchez v. Air & Liquid Systems, Corporation (2018). The district court granted the plaintiffs' motion to remand to Alameda County Superior Court because defendant Aurora Pump failed to show a colorable government-contractor defense for federal-officer removal, and awarded plaintiffs $3,500 in attorney's fees.
• Trapp v. CertainTEED Corporation (6th Appellate District, 2018). The Court of Appeal reversed the summary judgments for CertainTeed and Calaveras on the negligence, premises liability and strict liability claims, but held both defendants entitled to summary adjudication on the warranty and retained-control claims, which the Trapp family had abandoned.
• Williams v. the Pep Boys Manny Moe & Jack OF California (1st Appellate District, 4th Division, 2018). The Court of Appeal affirmed the trial court's rulings for Pep Boys that the wrongful death claims were time-barred and that punitive damages were not shown, but reversed the judgment because the trial court failed to award damages for home health care provided before the decedent's death and wrongly awarded Pep Boys expert fees under section 998, and remanded.
• Wittman v. Coty, Inc. (2nd Appellate District, 4th Division, 2018). The Court of Appeal affirmed summary judgment for Coty, Inc. against John and Barbara Wittman because they lacked evidence that Barbara was exposed to asbestos in Coty's face powder, and their expert's declaration was properly excluded for lack of chain of custody.
• Alfaro v. Imerys Talc America Inc. (2nd Appellate District, 4th Division, 2017). The Court of Appeal affirmed the judgment for Colgate-Palmolive and Imerys Talc America, holding the trial court did not abuse its discretion in excluding plaintiff's expert's testing of vintage talc containers and his related exposure opinion.
• Beckering v. Shell Oil Company (2nd Appellate District, 3rd Division, 2017). The Court of Appeal, on remand from the California Supreme Court, reversed summary judgment for Shell Oil Company and remanded with directions to deny the motion, holding Shell owed Beckering a duty of care.
• City of Pasadena v. Superior Court of Los Angeles County (2nd Appellate District, 4th Division, 2017). The Court of Appeal granted the City of Pasadena's writ petition and directed the trial court to vacate its order overruling the City's demurrer and enter a new order sustaining it, defeating the Jaureguis' claim against the City.