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

• Grande v. Borg-Warner Morse Tec, Inc. (2014). The court denied Crane Co.'s motion for summary judgment on product exposure and punitive damages, so plaintiff Lisa Grande's wrongful death claims proceed, and granted Crane Co.'s unopposed request to sever punitive damages for trial.
• Haver v. BNSF Railway Co. (2nd Appellate District, 5th Division, 2014). The Court of Appeal affirmed the trial court's judgment sustaining BNSF Railway's demurrer without leave to amend, holding BNSF owed no duty to the decedent, so the survivors lost.
• Izell v. Union Carbide Corp. (2nd Appellate District, 3rd Division, 2014). The Court of Appeal affirmed the judgment for Bobbie and Helen Izell against Union Carbide, upholding the jury's liability and comparative-fault findings, the compensatory award as reduced to $6 million, and the $18 million punitive award.
• Izell v. Union Carbide Corporation (2nd Appellate District, 3rd Division, 2014). The Court of Appeal affirmed the judgment for Bobbie and Helen Izell against Union Carbide, upholding the liability finding, the fault allocation, the remitted $6 million compensatory award and the $18 million punitive award.
• Izell v. Union Carbide Corporation (2nd Appellate District, 3rd Division, 2014). The Court of Appeal affirmed the judgment for Bobbie and Helen Izell against Union Carbide, including the remitted $6 million compensatory award and the $18 million punitive award; one justice dissented in part on the punitive award.
• Kent v. Warren Pumps, LLC (2nd Appellate District, 3rd Division, 2014). The Court of Appeal reversed the summary judgment for Warren Pumps, LLC, holding Warren had not met its initial burden, and awarded the Kents their costs on appeal.
• Lovelace v. Elementis Chemicals, Inc. (3rd Appellate District, 2014). The Court of Appeal affirmed summary judgment for Elementis Chemicals because Lovelace did not challenge the trial court's exclusion of his authentication evidence, an independent ground for the judgment, and Elementis recovered its costs on appeal.
• Olds v. 3M Company (2014). The court granted Dana Companies, LLC's motion for summary judgment, dismissing Paul Olds's claims against Dana and entering judgment for Dana.
• Paulus v. Crane Co. (2nd Appellate District, 3rd Division, 2014). The Court of Appeal affirmed the judgment for the plaintiffs against Crane Co., upholding the denial of Crane's motion for judgment notwithstanding the verdict and rejecting Crane's request for a setoff for possible future asbestos bankruptcy trust recoveries.
• Sclafani v. Air & Liquid Systems Corp. (2014). The court granted the joint motion for summary judgment on causation filed by the remaining defendants (Goodyear, Foster Wheeler and Crane, with Air & Liquid Systems, which had settled, also named as a movant) and ruled against the plaintiffs.
• Scott v. Ford Motor Company (1st Appellate District, 1st Division, 2014). The court affirmed the judgment and compensatory damages for Patrick and Sharon Scott against Ford Motor Co. on the failure to warn claims, and reversed the ruling that barred punitive damages, remanding for a trial on punitive damages only.
• Ward v. Goss-Jewett Co. OF Northern California (1st Appellate District, 3rd Division, 2014). The Court of Appeal affirmed the order denying Goss-Jewett's motion for relief from default and default judgment, but modified the judgment to cut the damages award from $5,388,650.87 to $5,120,898, so plaintiffs largely won and Goss-Jewett won only the reduction.
• Whalen v. General Electric Corporation (2014). The court denied General Dynamics' motion to dismiss the plaintiffs' strict products liability claim and denied its motion to strike the punitive damages prayer as moot, so the Whalens' claims proceeded.
• Willis v. Buffalo Pumps Inc. (2014). The court granted Foster Wheeler summary judgment only on the plaintiff's false representation claim and denied its motion on all other claims, including exposure, causation, government contractor defense, sophisticated user defense, intentional failure to warn and punitive damages.
• Willis v. Buffalo Pumps Inc. (2014). The court denied Metalclad's summary judgment motion on causation because fact disputes existed, but granted it on punitive damages, dismissing that claim in favor of Metalclad; the remaining claims by Viola Willis proceed.
• David v. Slakey Brothers, Inc. (2nd Appellate District, 3rd Division, 2013). The Court of Appeal reversed summary judgment for Slakey Brothers and held plaintiffs recover their appeal costs, because the trial court wrongly refused to consider the decedent's declaration, which raised a triable issue on exposure.
• Jones v. John Crane, Inc. (2nd Appellate District, 7th Division, 2013). The Court of Appeal affirmed the judgment for John Crane Inc., holding that the earlier federal dismissal with prejudice barred the wrongful death and survival claims of the Estate, Karen Jones and the adult children.
• Keeney v. AW Chesterton Company (2nd Appellate District, 4th Division, 2013). The Court of Appeal affirmed the judgment, rejecting the plaintiffs' cross-appeal that John Crane should bear 100 percent of the damages and that the Navy commander's testimony should have been excluded; John Crane prevailed on the cross-appeal.
• Klinger v. Alderete (2nd Appellate District, 2nd Division, 2013). The Court of Appeal affirmed the order granting the anti-SLAPP motion of Alderete and her attorneys, which defeated Klinger's malicious prosecution suit, and affirmed the award of attorney fees and costs to them.
• Lara v. CBS Corp. (2013). The district court granted plaintiffs' motion to remand the case to Los Angeles County Superior Court, rejecting defendant Rockwell Automation's federal officer removal.
• Lee v. Clark Reliance Corporation (2nd Appellate District, 3rd Division, 2013). The Court of Appeal affirmed summary judgment for Clark Reliance Corporation (successor to Jerguson Gage & Valve), rejecting plaintiff Mary Lee's appeal.
• Lund v. 3M Company (2013). The court denied Niantic Seal, Inc.'s motion to dismiss for lack of personal jurisdiction without prejudice and granted plaintiffs William and Victoria Lund 90 days of jurisdictional discovery.
• Melendrez v. Superior Court OF State OF California (2nd Appellate District, 3rd Division, 2013). The Court of Appeal granted the plaintiffs' writ petition, directing the trial court to vacate its orders deeming SECO's discovery responses verified and to determine who holds SECO's attorney-client privilege, so SECO loses on the verification issue and the matter is remanded.
• Nelson v. Air and Liquid Systems Corp. (2013). The court granted summary judgment to Air and Liquid Systems (Buffalo Pumps), Alfa Laval, Crane, Nash, Kaiser Gypsum and Union Carbide, dismissing the widow's negligence, strict liability and conspiracy claims for lack of evidence that her husband was exposed to asbestos from their products.
• Webb v. Special Electric Company, Inc. (2nd Appellate District, 1st Division, 2013). The Court of Appeal reversed the trial court's judgment notwithstanding the verdict for Special Electric and directed that the original judgment on the jury's verdict for the Webbs be reinstated, with one justice dissenting.
• Willis v. Buffalo Pumps, Inc. (2013). The district court denied the plaintiffs' motions to remand, holding the defendant pump and equipment makers properly removed the cases under the federal officer removal statute because they raised a colorable government contractor defense.
• Bankhead v. ArvinMeritor, Inc. (1st Appellate District, 4th Division, 2012). The Court of Appeal affirmed the $4.5 million punitive damages award against ArvinMeritor, rejecting its challenges based on negative net worth and the federal due process ratio limits, so the Bankheads prevailed.
• Bankhead v. Pneumo Abex LLC (1st Appellate District, 4th Division, 2012). The Court of Appeal affirmed the judgment against Abex, including the $9 million punitive damages award, holding that excluding Abex's unaudited financial statement was proper and that any error in admitting indemnity evidence was harmless; plaintiffs won.
• Bettencourt v. Hennessy Industries, Inc. (1st Appellate District, 5th Division, 2012). The Court of Appeal reversed the judgments on the pleadings for Hennessy Industries on the strict products liability and negligence claims, holding plaintiffs should have been allowed to amend, and affirmed as to all other causes of action.
• Brantley v. Borg-Warner Morse Tec, Inc. (2012). The court denied Gerald Brantley's motion to remand, holding that Westinghouse and its co-defendants properly removed the case under the federal officer removal statute.
• Campbell v. Ford Motor Company (2nd Appellate District, 7th Division, 2012). The Court of Appeal reversed the judgment for plaintiff Honer (continued by her daughter Mary Campbell) against Ford, holding Ford owed her no duty, so Ford prevailed.
• Casey v. Perini Corporation (1st Appellate District, 4th Division, 2012). The Court of Appeal affirmed summary judgment for general contractor Perini Corporation against plaintiffs Patricia and John Casey, holding the trial court properly excluded plaintiffs' expert declaration and that plaintiffs offered only speculation about exposure.
• Couscouris v. Hatch Grinding Wheels, Inc. (2012). The court granted the plaintiffs' motion to remand to state court, finding that Lorillard failed to show the California defendant Metalclad was fraudulently joined, and denied the plaintiffs' request for fees, costs and sanctions.
• Cundiff v. Lone Star Industries, Inc. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal affirmed the judgment for plaintiffs Charles and Glenda Cundiff against Lone Star Industries, rejecting its federal enclave, evidentiary, fault-allocation and excessive-damages challenges.
• Davis v. Foster Wheeler Energy Corporation (2nd Appellate District, 5th Division, 2012). The Court of Appeal affirmed summary judgment for Foster Wheeler Energy Corporation against the Davis family's claims, with costs to Foster Wheeler.
• Evans v. Certainteed Corp. (2nd Appellate District, 8th Division, 2012). The Court of Appeal affirmed the trial court's order granting CertainTeed a new trial on all issues, ruling against the Evanses, and declined to reach the punitive damages and CertainTeed's cross-appeal issues.
• Farag v. ArvinMeritor, Inc. (2nd Appellate District, 3rd Division, 2012). The Court of Appeal affirmed the trial court's postjudgment order denying the Farags' motion to tax ArvinMeritor's expert witness costs, holding the joint section 998 offer to the couple was valid.
• Flores v. Kmart Corporation (2nd Appellate District, 5th Division, 2012). The Court of Appeal reversed the trial court's order sustaining Kmart's demurrer without leave to amend, because Kmart's limited record did not show the bankruptcy discharge could constitutionally be applied to the Flores family; the family won the appeal.
• Harris v. CBS Corporation (2012). The district court denied CBS Corporation's motion to dismiss for improper venue or transfer to the District of Idaho, and denied its motion to dismiss for lack of subject matter jurisdiction, so the Harrises' suit continued.
• Haver v. BNSF Railroad Co. (2nd Appellate District, 5th Division, 2012). The Court of Appeal reversed the judgment for BNSF entered after its demurrer was sustained without leave to amend, holding collateral estoppel did not bar the children's wrongful death claim; the Haver children won.
• Leonard v. John Crane, Inc. (1st Appellate District, 5th Division, 2012). The Court of Appeal denied John Crane, Inc.'s motion to dismiss the appeal as moot and reversed the judgment entered after the trial court sustained Crane's demurrer without leave to amend, allowing Sandra Leonard to pursue her loss of consortium claim.
• Nolen v. Foster Wheeler Energy Corp. (2nd Appellate District, 2nd Division, 2012). The Court of Appeal reversed the judgment for John and Sarah Nolen against Foster Wheeler and remanded for entry of judgment notwithstanding the verdict in Foster Wheeler's favor.
• O'neil v. Crane Co. (2012). The California Supreme Court reversed the Court of Appeal and remanded for entry of a judgment of nonsuit in favor of pump and valve makers Crane Co. and Warren Pumps, defeating the O'Neil family's strict liability and negligence claims.
• Palomares v. Thomas Dee Engineering Company (1st Appellate District, 2nd Division, 2012). The Court of Appeal affirmed summary judgment for Thomas Dee Engineering Company against plaintiff David Palomares, holding he could not show he was exposed to asbestos-containing laundry from the defendant.
• Robinson v. Ssw, Inc. (1st Appellate District, 3rd Division, 2012). The Court of Appeal affirmed summary judgment for SSW, Inc., holding the heirs' wrongful death suit was barred because they sued the dissolved Nebraska corporation after Nebraska's five-year corporate survival period ended.
• Vanhooser v. Superior Court of Los Angeles County (2nd Appellate District, 3rd Division, 2012). The Court of Appeal granted the wife's writ petition and directed the trial court to vacate its summary judgment for Hennessy Industries on her loss of consortium claim and to deny the motion.
• Adams v. Ford Motor Company (2nd Appellate District, 1st Division, 2011). The Court of Appeal affirmed the trial court's order denying the Adams family's motion to tax costs, so Ford Motor Company keeps its award of costs including $167,570 in expert witness fees after its defense verdict.
• Belvedere v. GS Blodgett Corporation (2nd Appellate District, 5th Division, 2011). Affirmed summary judgment for Blodgett on Noella Belvedere's survival and wrongful death claims as time-barred, but reversed it on the wrongful death claims of the three Belvedere children, because a fact question remained.
• Galicinao v. McMASTER Carr Supply Company (2nd Appellate District, 3rd Division, 2011). The Court of Appeal reversed the summary judgment for McMaster-Carr Supply Company, holding that the plaintiffs' evidence raised a triable issue on exposure to the company's asbestos products, and the plaintiffs recovered costs on appeal.
• Kelemen v. John Crane, Inc. (2nd District, Division 2, 2011). The Court of Appeal reduced the future noneconomic damages award against John Crane, Inc. from $14 million to $1 million, upheld the finding that plaintiffs were entitled to punitive damages but remanded for a limited retrial on the amount, affirmed the judgment otherwise, and dismissed plaintiffs' cross-appeal as moot.