Legal Opinion
General Refractories Co. v. First State Insurance
District Court, E.D. Pennsylvania
Decided September 27, 2005No. Civ.A. 04-3509PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
LUDWIG, District Judge.
Five of the 16 excess and umbrella insurance carrier defendants1 named in this declaratory judgment action jointly move to dismiss the complaint of plaintiff General Refractories Company for failure to join indispensable parties. Fed.R.Civ.P. 12(b)(7). The motion will be granted, and the action will be dismissed.
Jurisdiction is diversity. 28 U.S.C. § 1332. Plaintiff, a manufacturer and distributor of asbestos-containing products, has been sued in thousands of federal and state court lawsuits — -the “Underlying Actions” referred to in the complaint. Complaint,…
2Cases cited6 opinions
- Temple v. Synthes Corp.Supreme Court of the United States · 1991
- Janney Montgomery Scott, Inc. v. Shepard Niles, Inc.Court of Appeals for the Third Circuit · 1993
- J.H. France Refractories Co. v. Allstate InsuranceSupreme Court of Pennsylvania · 1993
- State Farm Mutual Automobile Insurance Company, a Corporation v. Mid-Continent Casualty Company, a CorporationCourt of Appeals for the Tenth Circuit · 1975
- UTI Corp. v. Fireman's Fund Ins. Co.District Court, D. New Jersey · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- General Refractories Co. v. First State InsuranceCourt of Appeals for the Third Circuit · 2007
- General Refractories Co. v. First State InsuranceDistrict Court, E.D. Pennsylvania · 2012
- Gen Refractories Co v. First State Ins CoCourt of Appeals for the Third Circuit · 2007
- Huber v. TaylorDistrict Court, W.D. Pennsylvania · 2007