Gibson v. Armstrong World Industries, Inc., 648 F.Supp. 1538 (D. Colo. 1986)
Manufacturing company Nicolet, Inc., had purchased the assets of Keasbey & Mattison Co. (K&M), continuing to manufacture K&M’s products containing asbestos. Baron & Budd won this Colorado mesothelioma appeal when the U.S. District Court for Colorado ruled that victims of diseases caused by asbestos could sue Nicolet (the successor-in-interest to K&M) because it continued the manufacture of those products.
Rice v. Armstrong World Indus., Inc., 653 F. Supp. 763 (D. Colo. 1987)
This Colorado mesothelioma appeals case involved the U.S. District Court for Colorado’s denial of a summary judgment sought by the defendant, John Crane. The defendant had tried to argue that it should not face liability for the asbestos-related disease suffered by the plaintiff, who was our client. The defendant argued it should not be held liable because it did not manufacture the product that caused the disease – it made this argument even though it had not only relabeled the product, but also sold it to the public. The court held that this matter could not be resolved through a summary judgment, ruling that it was up to the jury to decide whether or not John Crane was aware of the hazards of the product.
Results depend on the facts of each case.