Legal Opinion
Danfield v. Johns-Manville Sales Corp.
Court of Appeals for the Third Circuit
Decided September 22, 1987No. Nos. 86-5236, 86-5237 and 86-5370PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The district court has certified to us the question whether decisions of the New Jersey Supreme Court violate the Equal Protection Clause in abolishing the state-of-the-art defense in asbestos personal injury cases. We determine that a common law precedent announced by a state’s highest court is “law” within the meaning of the Equal Protection Clause. Using the rational basis standard, we conclude that the state court rulings survive the constitutional challenge.
The district court of New Jersey consolidated all of its pending asbestos cases for argument…
2Cases cited54 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
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3Cited by2 opinions
- In Re Asbestos Litigation. Appeal of Raymark Industries, Inc. In No. 86-5236. In Re Asbestos Litigation. Danfield v. Johns-Manville Sales Corp., Etc., Appeal of Owens-Illinois, Inc., Keene Corporation, Pittsburgh-Corning Corporation, the Celotex Corporation, Armstrong Cork Company, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, and Fibreboard Corporation, in No. 86-5237. In Re Asbestos Litigation. John W. Gregory and Zelda F. Gregory, His Wife, Zelda F. Gregory, Administratrix and Administratrix Ad Prosequendum of the Estate of John W. Gregory, Deceased Zelda F. Gregory, Individually and Brian Gregory, a Minor by His Natural Parent and Guardian Zelda F. Gregory v. General Motors Corporation, Joseph Doe, Tom Doe, Harry Doe, Robert Doe, Ken Doe, Daniel Doe, Larry Doe, Edward Doe, Sam Doe, Jack Doe, Fred Doe, Vince Doe. Appeal of General Motors Corporation, in No. 86-5370Court of Appeals for the Third Circuit · 1987
- Miller v. Beneficial Management Corp.District Court, D. New Jersey · 1994