Legal Opinion
Troy Watson v. Shell Oil Company and Brown & Root, U.S.A., Inc., Robert Adams, Sr. v. Shell Oil Company and Brown & Root, U.S.A., Inc.
Court of Appeals for the Fifth Circuit
Decided December 7, 1992No. 91-3449PublishedCited by 94 opinions
1Opinion of the Court
POLITZ, Chief Judge:
Shell Oil Company arid Brown and Root, U.S.A., ■ Inc., defendants in this mass-tort class action, have permissibly appealed interlocutory orders in this diversity suit. The orders at issue define the class and class issues, designate class representatives, and set a trial plan. Finding neither error nor abuse of discretion, for the reasons assigned we affirm the proposed trial plan.
I.Background
This litigation arises out of an explosion at Shell’s manufacturing facility in Norco, Louisiana. At approximately 3:30 a.m. on May 5, 1988, failure of a pipe elbow, allegedly…
2Cases cited20 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- General Telephone Co. of the Northwest, Inc. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1980
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
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3Cited by94 opinions
- Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
- Maximo HILAO, Class Plaintiffs, Plaintiff-Appellee, v. ESTATE OF Ferdinand MARCOS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
- Robert A. Georgine Laverne Winbun, of the Estate of Joseph E. Winbun, Deceased, and in Her Own Right Ambrose Vogt, Jr. Joanne Vogt, His Wife Carlos Raver Dorothy M. Raver, His Wife Timothy Murphy Gay Murphy, His Wife Ty T. Annas Anna Marie Baumgartner, of the Estate of John A. Baumgartner, Deceased Nafssica Kekrides, Individually and as Administratrix of the Estate of Pavlos Kekrides, Deceased William H. Sylvester, and Personal Representative of the Estate of Fred A. Sylvester, Deceased v. Amchem Products, Inc. A.P. Green Industries, Inc. Armstrong World Industries, Inc. Certainteed Corporation C.E. Thurston & Sons, Inc. Dana Corporation Ferodo America, Inc. Flexitallic, Inc. Gaf Building Materials, Inc. I.U. North America, Inc. Maremont Corporation Asbestos Claims Management Corp National Services Industries, Inc. Nosroc Corporation Pfizer, Inc. Quigley Company, Inc. Shook & Fletcher Insulation Company T & N, Plc Union Carbide Corporation United States Gypsum Company v. Admiral Insurance Company Affiliated Fm Insurance Company Aiu Insurance Company Allianz Insurance Company Allianz Underwriters Insurance Company, Individually and as Successor to Allianz Underwriters, Inc. Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company American Bankers Insurance Company of Florida American Centennial Insurance Company American Home Assurance Company American Motorists Insurance Company American Re-Insurance Company Appalachian Insurance Company of Providence Argonaut Insurance Company Atlanta International Insurance Company Caisse Industrielle D'AssurAnce Mutuelle C.E. Heath Compensation and Liability Insurance Company as Successor to Employers' Surplus Line Insurance Company Centennial Insurance Company Central National Insurance Company of Omaha Chicago Insurance Company City Insurance Company Colonia Versicherung Aktiengesellschaft Columbia Casualty Company Commercial Union Insurance Company, as Successor to Columbia Casualty Company, Employers Commercial Union Insurance Company, Employers Commercial Union Insurance Company of America, and Employers' Liability Assurance Corporation Limited Compagnie Europeenne De Reassurances the Constitution State Insurance Company Continental Casualty Company Employers Mutual Casualty Company Evanston Insurance Company Executive Re Indemnity Inc., as Successor to American Excess Insurance Company Federal Insurance Company General Reinsurance Corporation Gibraltar Casualty Company Government Employees Insurance Company Granite State Insurance Company Highlands Insurance Company the Home Indemnity Company the Home Insurance Company Houston General Insurance Company Hudson Insurance Company Insurance Company of the State of Pennsylvania Interstate Fire & Casualty Company Jefferson Insurance Company of New York Landmark Insurance Company La Preservatrice Fonciere Tiard, Individually and as Successor to La Fonciere Assurances Transports Accidents and La Preservatrice Le Secours Lexington Insurance Company Lilloise D'assurances, as Sucessor to Lilloise D'AssurAnces Et De Reassurances Lumbermens Mutual Casualty Company Maryland Casualty Company Michigan Mutual Insurance Company Mutuelle Generale Francaise National American Insurance Company of California, as Successor to the Stuyvesant Insurance Company National Union Fire Insurance Company of Pittsburgh, Pa Northbrook Indemnity Company North Star Reinsurance Corporation Old Republic Insurance Company Pennsylvania Manufacturers' Association Insurance Company the Protective National Insurance Company of Omaha Prudential Reinsurance Company Puritan Insurance Company, Individually and as Successor to the Manhattan Fire and Marine Insurance Company Ranger Insurance Company Republic Insurance Company Safeco Insurance Company of America Safety National Casualty Corporation, as Successor to Safety Mutual Casualty Corporation St. Paul Fire and Marine Insurance Company, Individually and as Successor to Birmingham Fire Insurance Company St. Paul Guardian Insurance Company Stonewall Insurance Company Steonewall Surplus Lines Insurance Company Sun Alliance and London Insurance Plc Tokio Marine & Fire Insurance Company, Limited the Travelers Indemnity Company the Travelers Insurance Company Unigard Security Insurance Company, as Successor to Unigard Mutual Insurance Company Union Des Assurances De Paris Yosemite Insurance Company Eurinco Allegemeine Versicherungs, A.G. F & M Insurance Company, Ltd. La Concorde Lexington Insurance Company, Ltd. L'Union Atlantique S.A. D'AssurAnces N v. Rotterdamse Assurantiekas Per Mees & Zoonen National Continental Insurance Company as Successor to American Star Insurance Company Newfoundland American Insurance Co., Ltd. New Hampshire Insurance Company, Ltd. Phoenix Assurance Reliance Insurance Company Sirius (Uk) Insurance Company, Plc Trident General Insurance Company Great American Insurance Company American Empire Surplus Lines Insurance Company, as Authorized Agent on Behalf of Transport Indemnity Company. George Windsor Constance Windsor, Michael Windsor and Karen Windsor, in Nos. 94-1925, 94-2009. White Lung Association of New Jersey, National Asbestos Victims Legal Action Organizing Committee, the Oil, Chemical, and Atomic Workers International Union, the Skilled Trades Association, Myles O'malley, Marta Figueroa, Robert Fiore, Roh Maher, and Lynn Maher, (In Her Own Behalf and as Next Friend for Her Minor Children, Jessica Marie Maher, Jamie Marion Maher, and Jennifer Megan Maher), in Nos. 94-1927, 94-1968. Richard R. Preston, Sr. And Louis C. Anderson, in Nos. 94-1928, 94-2013. Albert and Margaret Hertler, in No. 94-1929. Richard E. Blanchard, D.D.S., Jack S. Boston, James L. Anderson, Personal Representative of Robert L. Anderson and Harrison O. McLeod in Nos. 94-1930, 94-2066. Iona Cunningham, as Representative of the Estate of Charles Cunningham, and Twila Sneed, in Nos. 94-1931, 94-2010. Aileen Cargile, Betty Francom, John Wong, John Soteriou, Harold Hans Emmerich and Thomas Corey, in Nos. 94-1932, 94-2012. William J. Golt, Sr. And Phyllis Golt, in Nos. 94-1960, 94-2011. Joe and Lynne Dominguez, in No. 94-2067. Kathryn Toy, Individually, and as Representative of the Estate of Edward Toy, in Nos. 94-2068. John Paul Smith, in No. 94-2085. Casimir Balonis, Margaret Balonis and Shepard A. Hoffman, in No. 95-1705.Court of Appeals for the Third Circuit · 1996
- Leonard J. Klay v. Humana, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
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