Weyerhaeuser
Executive Summary
Weyerhaeuser Company operated a fire-rated interior door manufacturing plant in Marshfield, Wisconsin that produced doors with asbestos-containing cores from the 1950s until June 1978, when the plant stopped using asbestos.[1] The plant had been run by Roddis Plywood Corporation until Weyerhaeuser purchased Roddis in 1960, and Weyerhaeuser is legally responsible for the conduct of its predecessor at the site.[2] The doors built there used the "Composite Fire Door" design covered by U.S. Patent No. 2,593,050, which the United States Patent and Trademark Office issued to Owens-Illinois in April 1952 and which Owens-Illinois licensed to Roddis in 1956.[1][3]
Workers who cut, sanded, and assembled the asbestos-core doors inhaled airborne fibers released during manufacturing, and the resulting wave of mesothelioma cases produced a long line of asbestos litigation in the United States District Court for the Western District of Wisconsin.[2] A "second wave" of cases extended the claims beyond plant employees to household and community members — family members exposed to fibers carried home on work clothing, and residents exposed to fibers emitted from the facility.[4] Because asbestos-related disease commonly appears decades after exposure, claims tied to the Marshfield plant continued to surface long after asbestos use ended in 1978.[5]
The Marshfield litigation also illustrates why asbestos recovery in Wisconsin is legally complex. The courts dismissed the direct claims against Weyerhaeuser as barred by Wisconsin's Workers' Compensation Act exclusive-remedy provisions, and dismissed the claims against Owens-Illinois on the ground that merely licensing a patent does not create product liability — a result the Seventh Circuit affirmed in 2017.[2][1] The community-exposure cases were later resolved on summary judgment over questions of causation evidence.[4] Workers and families who believe they were exposed at or around the Marshfield plant generally pursue compensation through the asbestos trust and third-party claim process with experienced counsel, rather than through direct suit against the employer.
At-a-Glance
The Weyerhaeuser Marshfield asbestos story at a glance:
- Marshfield, Wisconsin door plant — The facility produced fire-rated interior doors; until 1960 it was owned and operated by Roddis Plywood, and after 1960 by Weyerhaeuser Company.[1]
- Asbestos used 1950s–1978 — From some time in the 1950s until June 1978, the plant produced at least some fire doors that used asbestos as a thermal insulator; by June 1978 it had ceased using asbestos.[1]
- Composite Fire Door design — The door design came from Owens-Illinois's U.S. Patent No. 2,593,050 (issued April 1952), describing a fire door with a "core of inorganic, rigid, fire-proof, light weight material."[1][3]
- Owens-Illinois "Kaylo" core — In the litigation, plaintiffs alleged Owens-Illinois designed, manufactured, and sold an asbestos fire-door core under the brand name "Kaylo" to Roddis in the late 1940s into the late 1950s.[2]
- Roddis–Weyerhaeuser succession — Owens-Illinois licensed the patent to Roddis Plywood in 1956; Weyerhaeuser purchased Roddis in 1960 and is legally responsible for Roddis's conduct at the plant.[2][1]
- Worker exposure — Plant employees were exposed to airborne asbestos fibers released when the asbestos-core doors were manufactured, cut, and sanded.[2]
- Household and community exposure — A "second wave" of cases asserted non-occupational, household, and community exposure to fibers emitted from the facility and carried home on workers' clothing.[4]
- Claims dismissed on legal grounds — Direct claims against Weyerhaeuser were barred by Wisconsin workers'-compensation exclusivity; claims against Owens-Illinois failed because licensing a patent does not create product liability (affirmed, 7th Cir. 2017).[2][1]
Key Facts
| Measure | Finding (Source) |
|---|---|
| Facility | Fire-rated interior door plant, Marshfield, Wisconsin (Boyer v. Weyerhaeuser Co., W.D. Wis. 2014)[2] |
| Operator history | Roddis Plywood until 1960; Weyerhaeuser Company after 1960 purchased Roddis[1] |
| Asbestos use period | From the 1950s until June 1978, when the plant ceased using asbestos[1] |
| Door design / patent | Owens-Illinois "Composite Fire Door," U.S. Patent No. 2,593,050 (issued April 1952)[1][3] |
| Patent license | Owens-Illinois licensed the patent to Roddis Plywood in 1956 (license set to expire with the patent in 1969)[1] |
| Core brand in litigation | "Kaylo" door core, alleged sold to Roddis late 1940s–late 1950s[2] |
| Exposure pathways | Occupational (plant workers) and non-occupational (household / community)[2][4] |
| Weyerhaeuser claims outcome | Dismissed — Wisconsin Workers' Compensation Act exclusive remedy[2][1] |
| Owens-Illinois claims outcome | Dismissed — licensing a patent does not create product liability (affirmed 7th Cir. 2017)[1] |
What did the Weyerhaeuser Marshfield plant make, and why did it contain asbestos?
The plant at the center of this history is a fire-rated interior door factory in Marshfield, Wisconsin. For most of the twentieth century, fire-rated doors were built around a dense, heat-resistant core designed to slow the spread of fire between rooms — and for several decades, that core contained asbestos for its thermal-insulating and fireproofing properties.[1][5]
The Marshfield plant was originally owned and operated by Roddis Plywood Corporation. In 1960, Weyerhaeuser Company purchased Roddis, and the federal courts later treated Weyerhaeuser as legally responsible for the conduct of Roddis at the plant.[2][1] As the Seventh Circuit recorded, "from some time in the 1950s all the way until 1978, the Marshfield, Wisconsin plant at issue produced at least some fire doors that used asbestos as its thermal insulator," and "by June 1978 ... the Marshfield plant had ceased using asbestos."[1]
The door design itself originated with Owens-Illinois. In April 1952, the U.S. Patent and Trademark Office issued Patent No. 2,593,050 for a "Composite Fire Door," assigned to Owens-Illinois.[1][3] The patent claimed a fire door with "a core of inorganic, rigid, fire-proof, light weight material," and its examples listed materials including "boards of asbestos bound with cement."[1] Owens-Illinois licensed the patent to Roddis in 1956, and the litigation record describes a separate Owens-Illinois fire-door core sold under the brand name "Kaylo."[2][1]
How were Marshfield plant workers exposed to asbestos?
Workers at the Marshfield plant were exposed to asbestos in the ordinary course of building the doors. As the door cores and panels were fabricated — cut, sanded, drilled, and assembled — respirable asbestos fibers were released into the air of the plant.[2][5] In Boyer v. Weyerhaeuser Co., the plaintiff was a former plant employee who alleged he "inhaled airborne asbestos fibers released" during the manufacturing process, and who later developed malignant mesothelioma.[2]
The occupations most exposed were the production roles directly handling the asbestos-core doors: door-core cutters, sanders, and assemblers on the plant floor, along with maintenance workers and others who worked in proximity to dust-generating operations.[2] Many of the workers named in the litigation began employment at the Marshfield plant in the 1950s, 1960s, and 1970s — squarely within the period when asbestos was in use — and their employment dates became central to the cases because they determined which asbestos-containing materials each worker could have encountered.[2] Because mesothelioma and other asbestos diseases have latency periods that commonly span decades, the health consequences of that exposure continued to appear long after the plant stopped using asbestos in 1978.[5]
How were workers' families and the Marshfield community exposed?
Asbestos exposure at the Marshfield plant did not stop at the factory gate. A "second wave" of cases — represented by Kilty v. Weyerhaeuser Co. — was brought by the estates and family members of former plant employees, asserting "non-occupational community and household exposure to asbestos fibers emitted from a Weyerhaeuser manufacturing facility."[4]
This pattern is a well-documented feature of asbestos exposure generally. Fibers settle on a worker's clothing, hair, and skin and are carried into the home, where family members — frequently spouses who laundered work clothes — inhale them; nearby residents can also be exposed to fibers carried beyond the plant in ambient air.[4][5] In the Marshfield appeals, plaintiffs advanced theories of household exposure and of ambient exposure from living near the plant, the kind of low-dose, non-occupational pathways that are often the hardest to prove.[1] These take-home and community pathways are covered in more depth on the pages for asbestos exposure in the building trades and related occupational profiles.
What role did Owens-Illinois and the Composite Fire Door patent play?
Owens-Illinois entered the Marshfield story as the designer and patent-holder of the Composite Fire Door, not as the operator of the plant. In 1956 it licensed Patent No. 2,593,050 to Roddis Plywood, and the litigation record alleges it also sold an asbestos door core, "Kaylo," to Roddis during the late 1940s into the late 1950s.[2][1]
Plaintiffs in the Marshfield cases repeatedly sought to hold Owens-Illinois liable on the theory that, because it designed the fire doors and Weyerhaeuser used asbestos in producing them, Owens-Illinois should answer for the resulting injuries.[1] The courts rejected that theory. As the Western District of Wisconsin held — and the Seventh Circuit affirmed — there is "unanimity among courts that product liability cannot attach to the mere licensing of a patent."[1] The appeals court noted that the plaintiffs' argument shifted over time, eventually reaching a strict-liability claim "that Owens-Illinois actually produced some of the asbestos cores contained in the fire doors," but found "no evidence for this."[1] The claims against Owens-Illinois based on its role as a patent licensor were dismissed with prejudice.[2][1]
What happened in the Weyerhaeuser asbestos lawsuits?
The Marshfield plant generated multiple waves of asbestos litigation in the Western District of Wisconsin, and the outcomes turned on Wisconsin law rather than on whether asbestos caused the plaintiffs' disease.
In the first wave, typified by Boyer v. Weyerhaeuser Co., 39 F. Supp. 3d 1036 (W.D. Wis. 2014), the court granted Weyerhaeuser's motion to dismiss, holding that a former employee's claims against his employer for on-the-job asbestos exposure were barred by the exclusive-remedy provisions of Wisconsin's Workers' Compensation Act.[2] In the same decision, the court dismissed the claims against Owens-Illinois that were premised on its licensing of the fire-door patent.[2]
On appeal, the Seventh Circuit consolidated six cases in Pecher v. Owens-Illinois, Inc., 859 F.3d 396 (7th Cir. 2017), all involving "asbestos exposure over thirty years ago at a single Marshfield, Wisconsin plant which produced fire doors."[1] The court affirmed the dismissals of the claims against both Weyerhaeuser and Owens-Illinois, describing the patent-licensing theory of liability against Owens-Illinois as unsupported by "any decision anywhere."[1]
A second wave, represented by Kilty v. Weyerhaeuser Co., 317 F. Supp. 3d 1027 (W.D. Wis. 2018), focused on household and community exposure. The court granted summary judgment for Weyerhaeuser, concluding that the plaintiffs had not offered sufficient evidence for a reasonable jury to find that their non-occupational exposure was a substantial contributing factor to their mesothelioma.[4] Taken together, the Marshfield cases are a study in the procedural and evidentiary barriers — employer immunity under workers' compensation, the patent-licensing rule, and causation standards for low-dose exposure — that asbestos claimants must navigate.
What compensation options exist for Marshfield asbestos exposure?
The Marshfield litigation makes clear that recovery for asbestos exposure at the plant is legally complex, and that the right path depends heavily on the facts of each person's exposure. The general routes are these.
Wisconsin workers' compensation. For former plant employees, the courts held that the Wisconsin Workers' Compensation Act provides the exclusive remedy against the employer for occupational exposure, which is why the direct tort claims against Weyerhaeuser were dismissed.[2][1] The workers'-compensation system itself can be a route to certain benefits for occupational disease; the in-state employer-liability framework is discussed on the Wisconsin Safe Place Statute page.
Third-party and asbestos-trust claims. Asbestos claimants are frequently exposed to the products of many different manufacturers, and a number of those manufacturers established personal-injury trusts under section 524(g) of the Bankruptcy Code. Where a claimant can document exposure to a specific manufacturer's asbestos product, a claim may lie against that manufacturer or its trust, separate from any claim against the on-site employer. The mechanics of how these trusts are funded and how claims are paid are covered on the Asbestos Trust Funds page. Identifying which products and defendants apply to a given Marshfield work history is a fact-intensive question best evaluated by experienced asbestos counsel.
Veterans and other benefits. Where a person's asbestos exposure is also connected to military service, separate U.S. Department of Veterans Affairs benefits may apply. As with the trust-claim analysis, eligibility depends on documented exposure and diagnosis.
Because the Marshfield cases show how easily a claim can be defeated on procedural grounds rather than on the merits of the exposure, anyone who worked at — or lived in a household connected to — the Marshfield door plant and later developed mesothelioma or another asbestos disease should have their specific exposure history reviewed by an attorney before assuming any single route is closed.
Frequently Asked Questions
Did Weyerhaeuser's Marshfield plant really use asbestos? Yes. According to the federal appeals court that handled the litigation, the Marshfield, Wisconsin plant "produced at least some fire doors that used asbestos as its thermal insulator" from some time in the 1950s until June 1978, when it stopped using asbestos.[1]
What asbestos product was in the doors? The doors were built on the Owens-Illinois "Composite Fire Door" design (U.S. Patent No. 2,593,050), whose core was described as "inorganic, rigid, fire-proof, light weight material," with examples including asbestos board. The litigation record also references an Owens-Illinois asbestos door core sold under the brand name "Kaylo."[1][2]
Who operated the plant — Roddis or Weyerhaeuser? Both, at different times. Roddis Plywood Corporation operated the plant until 1960, when Weyerhaeuser Company purchased Roddis. The courts treated Weyerhaeuser as legally responsible for Roddis's conduct at the site.[2][1]
Who was exposed to asbestos at the Marshfield plant? Two groups. Plant workers who cut, sanded, and assembled the asbestos-core doors inhaled fibers released during manufacturing; and family members and community residents were exposed through fibers carried home on work clothing or emitted from the facility.[2][4]
Did the workers win their asbestos lawsuits against Weyerhaeuser? No. The courts dismissed the direct claims against Weyerhaeuser as barred by Wisconsin's Workers' Compensation Act exclusive-remedy rule, and dismissed the claims against Owens-Illinois on the ground that licensing a patent does not create product liability. The community-exposure cases were resolved on summary judgment over causation evidence. The dismissals turned on Wisconsin legal doctrines, not on any question of whether asbestos causes mesothelioma.[2][1][4]
I worked at or near the Marshfield plant and was diagnosed with mesothelioma. What should I do? Have your specific exposure history reviewed by an experienced asbestos attorney. Even where a direct claim against the employer is barred, claims against third-party product manufacturers or their asbestos trusts may remain available depending on the products and defendants connected to your work history.
Quick Statistics
- 1952 — year the U.S. Patent and Trademark Office issued Owens-Illinois Patent No. 2,593,050 for the "Composite Fire Door"[1][3]
- 1956 — year Owens-Illinois licensed the patent to Roddis Plywood[1]
- 1960 — year Weyerhaeuser Company purchased Roddis Plywood[1]
- June 1978 — by this date the Marshfield plant had ceased using asbestos[1]
- 39 F. Supp. 3d 1036 — Boyer v. Weyerhaeuser Co. (W.D. Wis. 2014), the first-wave dismissal[2]
- 859 F.3d 396 — Pecher v. Owens-Illinois, Inc. (7th Cir. 2017), the consolidated appeal affirming dismissal[1]
- 317 F. Supp. 3d 1027 — Kilty v. Weyerhaeuser Co. (W.D. Wis. 2018), the second-wave summary judgment[4]
Related Pages
- Asbestos — properties, uses, and health effects of asbestos fibers
- Mesothelioma — the signature cancer caused by asbestos exposure
- Asbestos Trust Funds — how section 524(g) asbestos trusts are funded and how claims are paid
- Carpenters and Asbestos Exposure — asbestos exposure among carpenters and door installers
- Construction Workers — asbestos exposure across the construction trades
- Asbestos Manufacturers — companies that made and supplied asbestos products
- Wisconsin Safe Place Statute Asbestos — in-state employer-liability framework in Wisconsin
External Links
- Pecher v. Owens-Illinois, Inc., 859 F.3d 396 (7th Cir. 2017) — primary court record (CourtListener)
- Danziger & De Llano — mesothelioma and asbestos exposure attorneys
References
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 Pecher v. Owens-Illinois, Inc., 859 F.3d 396 (7th Cir. 2017), CourtListener — consolidated Seventh Circuit appeal of six Marshfield fire-door cases; records the 1952 Composite Fire Door patent, the 1956 Roddis license, the 1960 Weyerhaeuser purchase of Roddis, asbestos use from the 1950s until June 1978, and affirms dismissal of the claims against both Weyerhaeuser and Owens-Illinois.
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 Boyer v. Weyerhaeuser Co., 39 F. Supp. 3d 1036 (W.D. Wis. 2014), CourtListener — primary court record of the Marshfield door plant, the Roddis-to-Weyerhaeuser succession, the worker's exposure allegations, the Owens-Illinois "Kaylo" door-core allegations, and the dismissal of the employee's claims under Wisconsin's Workers' Compensation Act.
- ↑ 3.0 3.1 3.2 3.3 3.4 U.S. Patent No. 2,593,050, "Composite Fire Door" (issued April 15, 1952), Google Patents — primary patent record assigned to Owens-Illinois, describing a fire door with a core of "inorganic, rigid, fire-proof, light weight material."
- ↑ 4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 Kilty v. Weyerhaeuser Co., 317 F. Supp. 3d 1027 (W.D. Wis. 2018), CourtListener — "second wave" of Marshfield cases brought by estates and family members alleging non-occupational, household, and community exposure to asbestos fibers emitted from the plant; summary judgment granted for Weyerhaeuser on causation grounds.
- ↑ 5.0 5.1 5.2 5.3 5.4 Agency for Toxic Substances and Disease Registry (ATSDR), Toxicological Profile for Asbestos — U.S. Department of Health and Human Services primary source on asbestos fiber types, exposure pathways (including household/take-home exposure), latency, and the asbestos–mesothelioma relationship.