Legal Opinion · Dissent

Ieropoli v. AC&S CORP.

Supreme Court of Pennsylvania

Decided February 20, 2004No. 117 EM 2002Published

1DissentJustice Newman

I respectfully dissent from the decision announced by the Court this day. I believe that the statute at issue does not “clearly, plainly, and palpably” violate the state or federal Constitution and, accordingly, I would affirm the Order of the trial court granting summary judgment to Crown, Cork & Seal Company, Inc. (Crown).

The General Assembly enacted 15 Pa.C.S. § 1929.1 (Limitations on Asbestos-Related Liabilities Relating to Certain Mergers or Consolidations) on December 17, 2001, to stem the ever-expanding asbestos-related liabilities of corporations, such as Crown, that incurred…

2Cases cited10 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. Memphis Cotton Oil Co.Supreme Court of the United States · 1933
  3. Daly v. HemphillSupreme Court of Pennsylvania · 1963
  4. Tosto v. Pennsylvania Nursing Home Loan AgencySupreme Court of Pennsylvania · 1975
  5. Hotel Casey Co. v. RossSupreme Court of Pennsylvania · 1941

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