Legal Opinion
Herber v. Johns-Manville Corp.
Court of Appeals for the Third Circuit
Decided March 5, 1986No. Nos. 85-5185, 85-5258PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
STAPLETON, Circuit Judge:
The judgment in this diversity action was entered on a jury verdict finding the appellee asbestos suppliers liable to appellant but awarding him no damages. This appeal raises a number of important issues which have been debated for some time in federal and state asbestosis litigation in New Jersey.
The appellant, Lester R. Herber, charges that the district court abused its discretion and misapplied New Jersey law when it excluded evidence of three elements of his alleged damage: present increased risk of a possible future cancer, future cost of…
2Cases cited32 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Hamil v. BashlineSupreme Court of Pennsylvania · 1978
- Portee v. JaffeeSupreme Court of New Jersey · 1980
- Berman v. AllanSupreme Court of New Jersey · 1979
27 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
- Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
- Potter v. Firestone Tire & Rubber Co.California Supreme Court · 1993
- Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
- Pustejovsky v. Rapid-American Corp.Texas Supreme Court · 2000
50 more not listed; retrieve them via the Exa API.