Legal Opinion
In Re Asbestos Litigation
District Court, D. New Jersey
Decided February 14, 1986No. Misc. 85-381PublishedCited by 7 opinions
1Opinion of the Court
OPINION
BISSELL, District Judge, writing for GERRY, BROTMAN, DEBEVOISE, SA-ROKIN, ACKERMAN, THOMPSON and RODRIGUEZ, District Judges.
I. Introduction
In many asbestos related actions pending before this Court, the issue of the availability of the “state-of-the-art” defense to manufacturers of asbestos products has been presented in pretrial motions.1 These motions take the form of either an application by a plaintiff to strike such a defense from the pleadings or one by a defendant-manufacturer to allow the defense and the submission of evidence to support it. Because of rules developed in recent…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
- Vance v. BradleySupreme Court of the United States · 1979
- United States Railroad Retirement Board v. FritzSupreme Court of the United States · 1981
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fischer v. Johns-Manville Corp.Supreme Court of New Jersey · 1986
- In Re Asbestos Litigation. Appeal of Raymark Industries, Inc. In No. 86-5236. In Re Asbestos Litigation. Danfield v. Johns-Manville Sales Corp., Etc., Appeal of Owens-Illinois, Inc., Keene Corporation, Pittsburgh-Corning Corporation, the Celotex Corporation, Armstrong Cork Company, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, and Fibreboard Corporation, in No. 86-5237. In Re Asbestos Litigation. John W. Gregory and Zelda F. Gregory, His Wife, Zelda F. Gregory, Administratrix and Administratrix Ad Prosequendum of the Estate of John W. Gregory, Deceased Zelda F. Gregory, Individually and Brian Gregory, a Minor by His Natural Parent and Guardian Zelda F. Gregory v. General Motors Corporation, Joseph Doe, Tom Doe, Harry Doe, Robert Doe, Ken Doe, Daniel Doe, Larry Doe, Edward Doe, Sam Doe, Jack Doe, Fred Doe, Vince Doe. Appeal of General Motors Corporation, in No. 86-5370Court of Appeals for the Third Circuit · 1987
- Campolongo v. Celotex Corp.District Court, D. New Jersey · 1988
- Leonen v. Johns-Manville Corp.District Court, D. New Jersey · 1989
- Danfield v. Johns-Manville Sales Corp.Court of Appeals for the Third Circuit · 1987
2 more not listed; retrieve them via the Exa API.