Appeal Archives - Asbestos Case Tracker

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

Court: Court of Appeals of Texas, Fourteenth District, Houston

Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials. Mrs. Burford (Carolyn, or decedent) washed his work clothing every day for a period of 25 years. In 2006, she sought medical care after developing shortness of breath. Her pulmonologist diagnosed her with asbestosis and she later died …

April 17, 2024 Appeal / Apportionment / Judgment / Pennsylvania

Posted by: Kerry L. Jones

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

Court: Superior Court of Pennsylvania

In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the Estate of Sandra Reichart (decedent), following a jury trial.

Decedent owned a beauty salon from 1960 through 1985. During that time, decedent allegedly used the following talcum powders on clients: Clubman, Jeris, Jean Nate, and Cashmere Bouquet. Following decedent’s passing from mesothelioma in 2019, Fisher field a lawsuit claiming that the aforementioned talcum powders …

February 29, 2024 Appeal / Causation / South Carolina

Posted by: Quincy Conrad

Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Court: Supreme Court of South Carolina

In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as to causation, (2) the trial court’s order granting a new trial nisi additur, and (3) the trial court’s denial of Scapa’s motion to reallocate pretrial settlement proceeds.

The court determined …

February 28, 2024 Appeal / Causation / Texas

Posted by: Kerry L. Jones

Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

Court: Court of Appeals of Texas, Fourteenth District, Houston

In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”).

The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival claims against the husband’s former employer, Alcoa, alleging decedent suffered injuries and death as a result of asbestosis caused by her inhalation of asbestos fibers that her husband brought home …

February 28, 2024 Appeal / Judgment Notwithstanding the Verdict / New Trial / Remittitur

Posted by: Kerry L. Jones

First Department Affirms Jury Verdict against Valve Manufacturer

Court: Supreme Court of New York, Appellate Division, First Department

In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding plaintiff $13 million for past pain and suffering and $10 million for future pain and suffering. The trial court declined to vacate the jury’s findings that valve-related gaskets and insulation manufactured by Jenkins Bros. caused plaintiff’s mesothelioma. Jenkins Bros. appealed to the First Department.

The First Department ultimately determined that plaintiff met his …

June 23, 2023 Appeal / New York

Posted by: Elizabeth M. Lautenbach

Appeals Court Affirms NYCAL Judge’s Denials of Motions to Dismiss on Successor Liability Grounds

Court: Supreme Court of New York, Appellate Division, First Department

Defendant P.B. Heat previously moved to dismiss multiple complaints in New York City Asbestos Litigation (NYCAL) cases. NYCAL Coordinating Judge Adam Silvera denied each of these motions. Asbestos Case Tracker covered one of Judge Silvera’s previous decisions where he denied P.B. Heat’s motion in the Catapano matter. P.B. Heat appealed the multiple denials to dismiss.

The court discussed two arguments on appeal. First, P.B. Heat contended that there were no factual allegations setting forth the …

June 21, 2023 Appeal / Bankruptcy

Posted by: Kerry L. Jones

Circuit Court Affirms Automatic Stay as to Georgia-Pacific’s Asbestos Lawsuits

Court: United States Court of Appeals for the Fourth Circuit

In 1965, Georgia-Pacific LLC (Old GP) merged with Bestwall Gypsum Company, a manufacturer of asbestos-containing products. In 2017, Georgia-Pacific LLC underwent a divisional merger under Texas law. As a result, Old GP ceased to exist, and its assets and liabilities were divided between two new entities as wholly owned subsidiaries of Georgia-Pacific Holdings LLC: Bestwall LLC (Bestwall) and Georgia-Pacific LLC (New GP).

In accordance with this merger, Bestwall became solely responsible for all asbestos-related liabilities. Following …

Business and lawyers discussing contract papers with brass scale on desk

May 5, 2023 Appeal / Louisiana

Posted by: Elizabeth M. Lautenbach

Jury Award of $36 Million Affirmed against Contractor

Court: Court of Appeal of Louisiana, Fourth Circuit

In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit & Sons, Co. (“Level 3”) from 1967 until 1970. During this time, he worked at the Union Carbide Plant, Waterford I, and Waterford II. This case proceeded to trial in May 2022 where the jury found for the plaintiff and awarded damages in the amount of over $36 million dollars. In July …

May 1, 2023 Appeal

Posted by: Kerry L. Jones

Joint Compound Manufacturer Files Appeal of $15M Verdict: Key Issues on Appeal

As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial, Kaiser moved for three forms of post-trial relief. The court denied Kaiser’s motions in their entirety in March.

Kaiser first moved for judgment notwithstanding the verdict, contending that “plaintiff’s expert proof at trial . . . was defective and insufficient as a matter of law” as per the Court …

March 15, 2023 Appeal / Causation / Washington

Posted by: Kerry L. Jones

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Court: Court of Appeals of Washington, Division One

In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources during his employment, including from his role on the paper machine cleanup crew which required him to “blow down” every paper machine at the Camas mill.

Holdsworth also alleged exposure to asbestos from his role in the maintenance department at the Camas mill, where he frequently used a hammer to …