Legal Opinion · Concurring in part, dissenting in part
W.R. Grace & Co. v. Continental Casualty Co.
Court of Appeals for the Fifth Circuit
Decided March 6, 1990No. Nos. 88-2902, 88-6164Published
1Concurring in part, dissenting in partJohn R. Brown, Circuit Judge
I concur in the court’s holding that New York, not Texas, law applies. I dissent as to the holding that the trial court abused its discretion in not dismissing the suit against the insurers after dismissal of the main case by Texas (plaintiff) School Districts against Grace and in ordering the dismissal of the suit against the insurers.
As the discussion in the court’s opinion in Part III (p. 869) reflects that one of the principal factors in the Gibbs approach is convenience to the litigants and judicial economy, this dissent is structured along these lines: I, retention of the case in Texas…
2Cases cited22 opinions
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- Virginia v. American Booksellers Assn., Inc.Supreme Court of the United States · 1988
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
- Finley v. United StatesSupreme Court of the United States · 1989
- Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
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