Legal Opinion
Rocco v. Johns-Manville Corp.
Court of Appeals for the Third Circuit
Decided January 25, 1985No. Nos. 83-1043, 83-1044PublishedCited by 35 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
This asbestos diversity case presents several issues under the Pennsylvania Joint Tortfeasors Act. We hold that payments made to plaintiffs by defendants who are not determined to be joint tortfeasors do not diminish the damages plaintiffs are entitled to recover. However, a release in favor of a joint tortfeasor who files a petition in bankruptcy before paying the agreed settlement amount does act to reduce the plaintiffs’ verdict pro rata. We hold further that Pennsylvania delay damages may be assessed against a non-settling defendant only on its pro…
2Cases cited22 opinions
- Laudenberger v. Port Auth. of AlleghenySupreme Court of Pennsylvania · 1981
- Black, Elwood W., Sr. And Black, Joyce v. Stephens, Wayne and City of Allentown and Gable, CarsonCourt of Appeals for the Third Circuit · 1981
- Richard J. Griffin and Mary Jane Griffin, His Wife v. United StatesCourt of Appeals for the Third Circuit · 1974
- John J. Demarines and Doris A. Demarines, Husband and Wife v. Klm Royal Dutch AirlinesCourt of Appeals for the Third Circuit · 1978
- Lawrence B. Thomas, and Cross-Appellant v. E. J. Korvette, Inc., and Cross-AppelleeCourt of Appeals for the Third Circuit · 1973
17 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Carr v. American Red CrossCourt of Appeals for the Third Circuit · 1994
- Menne v. Celotex Corp.Court of Appeals for the Tenth Circuit · 1988
- Lyncott Corp. v. Chemical Waste Management, Inc.District Court, E.D. Pennsylvania · 1988
- Fidelholtz v. PellerOhio Supreme Court · 1998
- Advanced Fluid Systems Inc v. Kevin HuberCourt of Appeals for the Third Circuit · 2020
30 more not listed; retrieve them via the Exa API.