Legal Opinion

W.R. Grace & Co. v. Continental Casualty Co.

Court of Appeals for the Fifth Circuit

Decided March 6, 1990No. Nos. 88-2902, 88-6164PublishedCited by 24 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

In April 1981, a number of independent Texas school districts sued National Gypsum Company, complaining of asbestos installed in approximately 600 school buildings located throughout the state of Texas. The School Districts sought recovery of $175 million and punitive damages of three times that amount for the costs of containing or replacing the asbestos materials and expenses incurred in taking other preventative measures to avert possible health hazards. These claims rested on several theories, including strict liability and negligence.

W.R. Grace &…

2Cases cited45 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  5. Aldinger v. HowardSupreme Court of the United States · 1976

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3Cited by24 opinions

  1. Parker & Parsley Petroleum Co. v. Dresser IndustriesCourt of Appeals for the Fifth Circuit · 1992
  2. Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
  3. Findley v. Blinken (In Re Joint Eastern & Southern District Asbestos Litigation)District Court, S.D. New York · 1991
  4. Stonewall Insurance Company, Plaintiff-Appellant-Cross-Appellee v. Asbestos Claims Management Corporation, Defendant-Appellee-Cross-Appellant, Liberty Mutual Insurance Company, Underwriters at Lloyds, Continental Casualty Company, American Motorists Insurance Company, Affiliated Fm Insurance Company, Republic Insurance Company, First State Insurance Company, United States Fire Insurance Company, Houston General Insurance Company, Twin City Fire Insurance Company, Old Republic Insurance Company, American Centennial Insurance Company, the Constitution State Insurance Company, Employers Insurance of Wausau, and Commercial Union Insurance Company, Defendants-Appellants-Cross-Appellees, and the Travelers Insurance Company, Asbestos Claims Management Corporation, Third-Party-Plaintiff-Appellee-Cross-Appellant v. International Insurance Company, Third-Party-Defendant-Appellant-Cross-Appellee, and H.S. Weavers (Underwriting) Agencies, Ltd., Third-PartyCourt of Appeals for the First Circuit · 1995
  5. United States v. Diosdado-StarCourt of Appeals for the Fourth Circuit · 2011

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