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

• Saffold v. Bondex International, Inc. (2nd Appellate District, 7th Division, 2011). The Court of Appeal affirmed the judgment for the Saffold plaintiffs against Bondex, holding that Bondex forfeited its challenge to the jury's allocation of fault for noneconomic damages.
• Woodard v. Crane Co. (2nd Appellate District, 4th Division, 2011). The Court of Appeal affirmed the trial court's judgment notwithstanding the verdict for Crane Co., so the plaintiffs lost their jury verdict against Crane on the failure-to-warn claim.
• Collins v. Plant Insulation Company (1st Appellate District, 1st Division, 2010). The Court of Appeal reversed the judgment against Plant Insulation Company and remanded for a retrial limited to apportioning fault, with the Navy to be included among the entities to which fault may be allocated, so Plant won and the Collins family lost on that point.
• Davis v. Leslie Controls, Inc. (2nd Appellate District, 7th Division, 2010). The court conditionally affirmed the judgment for plaintiffs John and Anna Davis against Leslie Controls and Warren Pumps, ordering a new trial on non-economic damages unless plaintiffs accept a remittitur of $2,130,000 per defendant.
• Hankins v. Asbestos Defendants (bhc) (1st Appellate District, 4th Division, 2010). The Court of Appeal affirmed the order allocating 80 percent of the asbestos settlement funds to James Quinn's daughter Juanita Reid and 20 percent to Betty Quinn's estate, rejecting Hankins's claim for a larger share for Hellums.
• Johnson v. Certainteed Corporation (1st Appellate District, 2nd Division, 2010). The Court of Appeal affirmed summary judgment for CertainTeed, holding it owed Johnson no duty in negligence and was not strictly liable, so Johnson lost.
• McCann v. Foster Wheeler, LLC (2010). The California Supreme Court reversed the Court of Appeal, holding that Oklahoma's statute of repose, not California law, governs the timeliness of McCann's claim against Foster Wheeler (a win for Foster Wheeler), and remanded to the Court of Appeal to decide whether the boiler was an improvement to real property.
• McCann v. Foster Wheller, LLC (2nd Appellate District, 8th Division, 2010). The Court of Appeal affirmed the trial court's judgment dismissing Terry and Lucille McCann's claims against Foster Wheeler, LLC, holding Oklahoma's statute of repose barred them on remand from the California Supreme Court.
• Reaser v. AW Chesterton Company (2nd Appellate District, 7th Division, 2010). The Court of Appeal reversed the trial court's forum non conveniens dismissal and remanded with directions to stay the action instead, finding Florida a suitable forum on the record but holding that a stay, not dismissal, was the proper remedy; plaintiffs (the Reaser family) won on the remedy, defendants won on the forum.
• Saller v. Crown Cork & Seal Company, Inc. (2nd Appellate District, 1st Division, 2010). The Court of Appeal reversed the judgment for Crown Cork & Seal because the trial court refused to give the consumer expectations and strict liability failure-to-warn instructions, leaving the case open for retrial; plaintiffs recovered their appeal costs.
• Smith v. Pneumo Abex LLC (2nd Appellate District, 3rd Division, 2010). The Court of Appeal affirmed the verdict against Pneumo Abex but reversed the judgment because the trial court wrongly cut the medical-expense award, and it directed a new judgment for Mary Lou Smith of $440,107 plus $85,805.11 in costs.
• Stewart v. Union Carbide Corporation (2nd Appellate District, 5th Division, 2010). The Court of Appeal affirmed the judgment for Larry and Janet Stewart against Union Carbide, including the $6 million punitive damages award, rejecting all of Union Carbide's challenges.
• Teruel-Armstrong v. Borg-Warner Morsetec, Inc. (2nd Appellate District, 3rd Division, 2010). The Court of Appeal reversed the summary judgments for Borg-Warner Morsetec and Volvo Cars, and directed the trial court to vacate the order excluding the witness Sutton and the orders granting summary judgment, because the exclusion sanction was unauthorized.
• Union Carbide Corporation v. Superior Court of Los Angeles County (2nd Appellate District, 2nd Division, 2010). The Court of Appeal denied Union Carbide's petition for writ of mandate, leaving in place the trial court's ruling that John Washington's Texas deposition could be used in the California wrongful death action; Union Carbide lost and the Washington family won.
• Whitmire v. Ingersoll-Rand Company (2nd Appellate District, 4th Division, 2010). The Court of Appeal affirmed summary judgment for Bechtel against Barbara Whitmire and her late husband's claims, because plaintiffs raised no triable issue that Whitmire was exposed to asbestos attributable to Bechtel.
• Wilson v. Certainteed Corporation (1st Appellate District, 1st Division, 2010). The Court of Appeal affirmed summary judgment for CertainTeed Corporation, finding no triable issue that Donald Wilson was exposed to asbestos bound for CertainTeed, so the Wilson family lost.
• Bakkie v. Union Carbide Corporation (1st Appellate District, 2nd Division, 2009). The Court of Appeal modified the judgment to reduce Bakkie's net economic damages against Union Carbide from $2,779,601.22 to $2,130,652.06, affirmed it as modified, and dismissed the purported appeal from the order denying the motion to amend.
• Clemmer v. Thorpe Insulation Company (1st Appellate District, 4th Division, 2009). The Court of Appeal affirmed the judgment against Thorpe Insulation Company, holding the evidence supported the jury's finding that Thorpe's asbestos insulation exposed Clemmer, so the Clemmers won and Thorpe lost.
• Merrill v. Leslie Controls, Inc. (2nd Appellate District, 3rd Division, 2009). The Court of Appeal reversed the judgment for Richard Merrill against Leslie Controls and affirmed summary judgment for Elliott Company and summary adjudication for Leslie Controls on Tamara Merrill's loss of consortium claim.
• Merrill v. Leslie Controls, Inc. (2nd Appellate District, 3rd Division, 2009). The Court of Appeal reversed the judgment for Richard Merrill against Leslie Controls and affirmed the summary judgment for Elliott Company and the summary adjudication of Tamara Merrill's consortium claim, so the defendants won.
• O'neil v. Crane Co. (2nd Appellate District, 5th Division, 2009). The Court of Appeal reversed the judgment entered for Crane Co. and Warren Pumps LLC after the trial court granted nonsuit, so the O'Neil family's claims could go forward.
• Oxford v. Foster Wheeler LLC (1st Appellate District, 1st Division, 2009). The Court of Appeal reversed the judgment for plaintiffs (the Oxford family) against Foster Wheeler and remanded for a new trial, because the jury's verdicts were irreconcilably inconsistent, while also holding that the jury's government contractor defense findings did not entitle Foster Wheeler to judgment.
• Ransford v. Griffin Wheel Company, Inc. (1st Appellate District, 2nd Division, 2009). The Court of Appeal affirmed summary judgment for Griffin Wheel Company, holding the Ransfords' state-law claims were preempted by federal railroad safety statutes.
• Short v. Sequoia Ventures, Inc. (1st Appellate District, 3rd Division, 2009). The Court of Appeal affirmed summary judgment for Sequoia Ventures (successor to Bechtel) against the Short family because they offered no expert evidence of the standard of care for designing and building the power plant.
• Taylor v. Elliott Turbomachinery Co. Inc. (1st Appellate District, 5th Division, 2009). The Court of Appeal affirmed summary judgment for Crane, IMO, Ingersoll-Rand, Leslie and Elliott, rejecting Mrs. Taylor's failure-to-warn claims in strict liability and negligence.
• Valdez v. Superior Court of San Diego County (4th Appellate District, 1st Division, 2009). The Court of Appeal granted plaintiffs' writ petition and ordered the superior court to vacate its order setting trial beyond 120 days and to set trial within 120 days of May 22, 2009.
• Wangen v. Gardner Denver, Inc. (2nd Appellate District, 4th Division, 2009). The Court of Appeal affirmed the trial court's order staying William and Mary Jo Wangen's California asbestos lawsuit on forum non conveniens grounds, so the defendants won and the Wangens must pursue the case in Washington.
• Behshid v. Bondex International, Inc. (2nd Appellate District, 3rd Division, 2008). The Court of Appeal affirmed the jury verdict and judgment for plaintiff Saeed Behshid against Bondex International, Inc., which had to pay costs on appeal.
• Cadlo v. Metalclad Insulation (1st Appellate District, 5th Division, 2008). The Court of Appeal summarily reversed the summary judgment for Metalclad Insulation and vacated the judgment, holding Metalclad was collaterally estopped on causation of Cadlo's mesothelioma, but declined to limit the remand to damages only.
• Clemmer v. John Crane, Inc. (1st Appellate District, 4th Division, 2008). The Court of Appeal vacated the part of the new-trial order that required the Clemmers to accept a remittitur, and limited the new trial to apportionment of liability, so the jury's liability finding against John Crane stood; the cross-appeal was dismissed as moot.
• Crowley Maritime Corporation v. Boston Old Colony Insurance Company (1st Appellate District, 1st Division, 2008). The Court of Appeal affirmed the trial court's order denying the foreign insurers' (West of England and United Kingdom Mutual) petition to compel arbitration of the equitable contribution claims brought by Boston Old Colony and Glens Falls.
• Cunningham v. Buffalo Pumps, Inc. (2nd Appellate District, 7th Division, 2008). The Court of Appeal reversed the judgment for Buffalo Pumps and Leslie Controls and sent the case back, because the trial court refused a consumer expectations instruction and used an erroneous special verdict form.
• Holliday v. Warren Pumps LLC (1st Appellate District, 4th Division, 2008). The Court of Appeal affirmed summary judgment for Warren Pumps LLC, holding that plaintiffs Ray and Shirley Holliday's expert declarations were speculative and raised no triable issue of exposure to a Warren product.
• McCann v. Foster Wheeler (2nd Appellate District, 8th Division, 2008). The Court of Appeal reversed the judgment for Foster Wheeler, holding the trial court wrongly applied Oklahoma's statute of repose instead of California law, and remanded for further proceedings, with costs to the McCanns.
• Norris v. Crane Company (2nd Appellate District, 5th Division, 2008). The Court of Appeal affirmed the judgment for the Norris plaintiffs against Crane Company after a jury trial, rejecting all of Crane's challenges.
• Whitlock v. Foster Wheeler, LLC (1st Appellate District, 3rd Division, 2008). The Court of Appeal affirmed the trial court's order granting the Whitlocks a new trial for juror misconduct after a defense verdict for Foster Wheeler, finding no abuse of discretion.
• Bakkie v. Union Carbide Corporation (1st Appellate District, 2nd Division, 2007). The Court of Appeal affirmed the jury's liability findings against Union Carbide and the denial of its JNOV motion, but reversed the $14.1 million future noneconomic damages award as excessive and ordered a new trial on that item unless plaintiff accepts a reduction to $3.1 million.
• Ballenger v. Agco Corporation (2007). The court denied the Ballenger plaintiffs' motion to remand and their request for fees, holding Todd Shipyards properly removed the case under the federal officer removal statute; Todd's request for interlocutory appeal certification was denied as moot.
• Cadlo v. Metalclad Insulation Corporation (1st Appellate District, 5th Division, 2007). The Court of Appeal affirmed the judgment for plaintiffs Anthony and Maxlyn Cadlo against Metalclad Insulation and John Crane, including the backdated judgment, the future economic and pain-and-suffering damages, and the expert fees and prejudgment interest.
• Foster Wheeler LLC v. Superior Court OF San Francisco County (1st Appellate District, 2nd Division, 2007). The Court of Appeal granted Foster Wheeler's petition and directed the trial court to vacate its order consolidating the Gray and Oxford asbestos cases for trial, finding an abuse of discretion.
• Frastaci v. Vapor Corporation (1st Appellate District, 4th Division, 2007). The Court of Appeal affirmed the judgment dismissing the survivors' state tort claims against locomotive manufacturer Vapor Corporation, holding them preempted by the Locomotive Boiler Inspection Act; Vapor won and the plaintiffs lost.
• Garcia v. Duro Dyne Corporation (1st Appellate District, 1st Division, 2007). The Court of Appeal affirmed the judgment for the Garcias against Duro Dyne, denying Duro Dyne's challenges to the future damages award and the offset rulings and rejecting the Garcias' cross-appeal, but amended the judgment to reserve jurisdiction for later offset credits and to correct the economic damages offset figure.
• Honer v. Ford Motor Company (2nd Appellate District, 7th Division, 2007). The Court of Appeal reversed the summary judgments for Ford Motor Company and Merck & Co. and remanded with directions to deny both motions, so plaintiff Eileen Honer prevailed on appeal.
• Kinsman v. Unocal Corporation (1st Appellate District, 3rd Division, 2007). The Court of Appeal affirmed the denial of Unocal's motion for judgment notwithstanding the verdict, finding substantial evidence of negligence, and remanded for a new trial under the Supreme Court's instructions; the Kinsmans prevailed on this issue.
• Slaughter v. Union Carbide Corp. (2nd Appellate District, 7th Division, 2007). The Court of Appeal reversed the trial court's dismissal on forum non conveniens grounds and remanded, because the moving defendants had not shown that all defendants were subject to jurisdiction in Tennessee; the trial court may deny the motion or grant only a stay conditioned on waiver of Tennessee's statute of limitations.
• Boyle v. Certainteed Corporation (1st Appellate District, 4th Division, 2006). The Court of Appeal reversed the summary judgment for CertainTeed, holding San Francisco's General Order No. 157 invalid, and remanded; plaintiffs recovered costs.
• Hopkins v. Plant Insulation Company (2006). The district court granted the plaintiffs' (Hopkins heirs and Flintkote) motion to remand the case to San Francisco Superior Court, rejecting Imperial Tobacco and Sullivan & Cromwell's arguments that federal jurisdiction was mandatory; the motions to transfer and stay were not granted (the stay motion was moot).
• Weber v. John Crane, Inc. (1st Appellate District, 1st Division, 2006). The Court of Appeal reversed the summary judgment for John Crane, Inc., holding that its evidence did not shift the burden to the Webers to show a triable issue on causation.
• Kinsman v. Unocal Corporation (2005). The California Supreme Court affirmed in part the Court of Appeal's reversal of the jury verdict for Ray Kinsman against Unocal and remanded for a new trial, because the jury was not properly instructed that Unocal was liable only for a concealed hazard; it disapproved the Court of Appeal's narrower control-based rule.
• Cadlo v. Owens-Illinois, Inc. (1st Appellate District, 5th Division, 2004). The Court of Appeal affirmed the judgment for Owens-Illinois, upholding the demurrer to the fraud, misrepresentation and concert-of-action claims and the summary judgment on the product claims, against plaintiffs Anthony and Maxlyn Cadlo.