Legal Opinion

Drago v. Celotex Corp.

District Court, E.D. New York

Decided April 5, 1989No. Nos. 87 Civ. 4277 (TPG), 87 Civ. 4572 (RWS), 87 Civ. 4279 (RWS), 87 Civ. 4307 (LBS) and 87 Civ. 4457 (LLS)PublishedCited by 16 opinions

1Opinion of the Court

SWEET, District Judge.

Defendant Celotex Corporation (“Celotex”) has moved under Rule 42(a), Fed.R. Civ.P., to sever four of the five cases naming it as a defendant that have been consolidated for trial. For the reasons set forth below, the motion is denied.

Prior Proceedings

These actions are so-called “asbestos cases” that have been the subject of multidistrict treatment for discovery purposes, a process supervised by the Honorable Charles P. Sifton of the Eastern District of New York. Judge Sifton grouped certain of the Southern District cases into “clusters” that share the same plaintiffs’…

2Cases cited8 opinions

  1. Aubrey Hendrix v. Raybestos-Manhattan, Inc.Court of Appeals for the Eleventh Circuit · 1985
  2. Richard Arnold, IV v. Eastern Air Lines, Inc. v. United States of America, Francis C. Mihalek v. Eastern Air Lines, Inc. v. United States of America, Helen Rae Weston, as of the Estate of Lewis M. Weston, Deceased v. Eastern Air Lines, Inc., the Aetna Casualty and Surety Company Aetna Insurance Company American Empire Insurance Company Commercial Union Insurance Company Compagnies D'AssurAnces Du Groupe Concorde Continental Casualty Company Employers Mutual Liability Insurance Company of Wisconsin Hartford Fire Insurance Company Industrial Indemnity Company Maryland Casualty Company Reliance Insurance Company Royal Indemnity Company St. Paul Fire and Marine Insurance Company Security Insurance Company of Hartford the Travelers Indemnity Company Underwriters at Lloyd's and Associated British Insurance Companies United States Fidelity and Guaranty Company United States Fire Insurance Company Zurich Insurance Company v. United States of America Bernard C. Groseclose Alden E. Hare William L. Hogan Dennis L. HunterCourt of Appeals for the Fourth Circuit · 1982
  3. Neal v. Carey Canadian Mines, Ltd.District Court, E.D. Pennsylvania · 1982
  4. Aetna Casualty & Surety Co. v. United StatesSupreme Court of the United States · 1983
  5. Oman v. Johns-Manville Corp.Court of Appeals for the Fourth Circuit · 1985

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3Cited by16 opinions

  1. John E. Johnson and H/w Ann Marie Johnson v. The Celotex Corporation, Owens-Illinois, Inc.Court of Appeals for the Second Circuit · 1990
  2. Cantrell v. GAF Corp.Court of Appeals for the Sixth Circuit · 1993
  3. In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
  4. Owens-Corning Fiberglas Corp. v. Martin, Texas Court of Appeals, 5th District (Dallas)1997
  5. In Re Ethyl Corp.Texas Supreme Court · 1998

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