Legal Opinion

Weaver Corp. v. Kidde, Inc.

District Court, S.D. New York

Decided December 6, 1988No. 88 Civ. 0546 (MBM)PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

MUKASEY, District Judge.

Weaver Corporation filed this declaratory judgment action against Kidde, Inc. to enforce an alleged contractual obligation indemnifying Weaver for personal injury and product liability lawsuits resulting from accidents involving equipment manufactured by Kidde’s former subsidiary, Dura Corporation. Dura’s assets were purchased by Weaver in 1982. Kidde now seeks to dismiss or stay this action arguing that Weaver is precluded from raising this issue by reason of a summary judgment order entered by an Alabama state court or, in the alternative, requesting…

2Cases cited15 opinions

  1. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  2. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  3. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  4. Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
  5. 38 Fair empl.prac.cas. 1685, 38 Empl. Prac. Dec. P 35,604 Silas J. Alexander v. Chicago Park DistrictCourt of Appeals for the Seventh Circuit · 1985

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3Cited by2 opinions

  1. Media Rights Technologies, Inc v. Microsoft CorporationCourt of Appeals for the Ninth Circuit · 2019
  2. Ferring B.V. v. Serenity Pharm., LLCDistrict Court, S.D. Illinois · 2019

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