The 3d Circuit, following a judicial trend, recently refused to uphold a class action that had been certified to effectuate a settlement in the asbestos cases
Article Abstract:
The 3d US Circuit Court of Appeals ruled in Georgine v Amchem Products that class actions certified only for settlement purposes must still meet the Rule 23(a) requirements that apply to litigation classes. In overturning a lower court decision certifying an opt-out class regarding asbestos-related personal injury claims, the circuit court said requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) precluded class certification. The decision went on to strongly suggest legislative intervention is appropriate.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Logistics key to mammoth asbestos case
Article Abstract:
Baltimore City Circuit Court Judge Marshall A. Levin has consolidated all of the city's and several Maryland counties' asbestos cases to decide issues they all share: whether the companies were aware of the dangers of asbestos and whether their behavior was serious enough to justify punitive damages. Millions of dollars in possible damages are at stake. Plaintiffs contend that the asbestos companies have been aware of the dangers since the 1930s but hid the information from their employees and customers.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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A danger of air travel: blood clots; suits grow over long-flight perils
Article Abstract:
Litigation regarding deep vein thrombosis caused by long airplane trips is discussed. In a case involving American Airlines, the Supreme Court cited the part of the Warsaw Convention absolving airlines of liability for the passenger's medical reaction to normal operation of the aircraft.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2003
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