Charlotte, North Carolina, October 9, 2025
News Summary
The North Carolina Supreme Court will hear asbestos exposure lawsuits against Continental Tire, linked to a former Charlotte factory. The review follows a split decision allowing cases to proceed, challenging lower court rulings that critics argue could affect the state’s business climate. Key issues include the legality of previous rulings and ongoing health risks associated with asbestos exposure, which leads to thousands of deaths annually.
Charlotte, North Carolina – The North Carolina Supreme Court is set to review a series of asbestos exposure lawsuits brought against Continental Tire, the owner of a former tire factory in Charlotte. This review comes after petitions were filed on Wednesday, which argue that recent rulings from a lower court could undermine the state’s favorable business climate.
The case stems from a split 2-1 decision by the state Court of Appeals, which allowed the lawsuits to proceed, reversing an earlier dismissal by the North Carolina Industrial Commission. Lawyers representing Continental Tire and Liberty Mutual Insurance have claimed that the actions being challenged are inconsistent with legal frameworks established by the North Carolina General Assembly, which are intended to foster a strong business environment, including the establishment of specialized business courts and tax reductions.
In 2008, over 150 former employees of the Charlotte tire factory began bringing complaints related to asbestos exposure from the factory’s operations. By 2010, it was agreed that six representative cases, known as bellwether cases, would be tried first to assess the viability of the plaintiffs’ claims. This bellwether process was designed to consolidate various claims and improve efficiency, allowing evidence of potential asbestos exposure to be presented from anywhere in the factory.
The subsequent 38-day trial led to the Industrial Commission’s ruling, which found insufficient evidence to support the assertion that asbestos exposure at Continental’s factory could lead to disease. This decision was upheld by the state Appeals Court. However, some remaining plaintiffs chose to pursue their cases even after the unfavorable ruling, which were then rejected by the Industrial Commission. A different panel from the Appeals Court later permitted these cases to move forward, prompting Continental Tire to seek clarification from the North Carolina Supreme Court.
The specific case under scrutiny involves Debra Gail Funderburk, whose husband died from lung cancer in 2013 after being diagnosed in 2012. Appellate Court Judge Toby Hampson indicated that there was no agreement stipulating that previous bellwether decisions would bind other consolidated plaintiffs. In contrast, Chief Judge Chris Dillon dissented, stating the previous rulings should prevent future claims of alleged asbestos exposure at the factory.
Asbestos exposure remains a critical health concern, contributing to at least 107,000 deaths annually according to the World Health Organization. This ongoing issue has led to numerous legal battles and financial responsibilities for companies implicated in asbestos use. Notably, certain corporations have employed bankruptcy tactics, such as the “Texas Two-Step,” to delay litigation, impacting many affected individuals.
Major companies like Georgia-Pacific, Trane Technologies, and CertainTeed have used these maneuvers, establishing subsidiaries claiming bankruptcy even while remaining profitable. The legality and outcome of such strategies await resolutions from the Fourth Circuit Court of Appeals and potentially the U.S. Supreme Court.
In a related development, Honeywell International has consented to a one-time payment of $1.325 billion to resolve future claims concerning asbestos by terminating its obligations linked to the North American Refractories Company, which it owned from 1979 to 1986.
The North Carolina Supreme Court’s decision on Continental Tire’s request will be closely watched as it may set significant precedents for future asbestos-related litigation in the state.
Frequently Asked Questions
What is the purpose of the North Carolina Supreme Court review?
The North Carolina Supreme Court will consider multiple asbestos exposure lawsuits against Continental Tire, responding to petitions that argue lower court rulings threaten the state’s favorable business climate.
How did the previous court rulings impact the lawsuits?
A split 2-1 decision by the state Court of Appeals allowed the lawsuits to proceed, reversing an earlier dismissal by the North Carolina Industrial Commission.
What are bellwether cases?
Bellwether cases are representative trials used to gauge the strength of a group of claims, aiming to consolidate cases and improve efficiency.
What health risks are associated with asbestos exposure?
Asbestos exposure contributes to at least 107,000 deaths annually, as reported by the World Health Organization, leading to ongoing litigation and financial responsibilities for implicated corporations.
Key Features of Asbestos Litigation
| Feature | Description |
|---|---|
| Petitions Filed | Multiple petitions filed requesting Supreme Court review on asbestos exposure lawsuits. |
| Previous Rulings | A split decision allowed lawsuits against Continental Tire to move forward. |
| Bellwether Cases | First six cases tried to assess strengths of claims related to asbestos exposure. |
| Health Impact | Asbestos exposure linked to 107,000 deaths annually; significant health risks. |
| Bankruptcy Maneuvers | Corporations using Texas Two-Step to delay litigation despite remaining profitable. |
| Recent Developments | Honeywell agreed to $1.325 billion to resolve future asbestos claims. |
Deeper Dive: News & Info About This Topic
HERE Resources
Additional Resources
- Carolina Journal: NC Court Urged on Asbestos Lawsuits
- Wikipedia: Asbestos
- Charlotte Observer: Asbestos Lawsuits Update
- Google Search: Asbestos Exposure Lawsuits
- Fieldfisher: Mesothelioma Settlement Case Study
- Encyclopedia Britannica: Asbestos
Author: HERE Charlotte
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