Shelly v. Johns-Manville Corp.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
Plaintiffs in these consolidated cases appeal from the district court’s dismissal, pursuant to Fed.R.Civ.P. 12(c), of their common law asbestos personal injury claims. The district court held that the suits were barred by the exclusivity provisions of the Pennsylvania Workmen’s Compensation and Occupational Disease Acts (“comp-bar”), which give employers immunity from *96common law suits by employees.1 In so holding, the court rejected the plaintiffs’ contention that they had pleaded a cause of action within the “intentional tort” exception to the…
2Cases cited17 opinions
- Hamil v. BashlineSupreme Court of Pennsylvania · 1978
- District of Columbia, a Municipal Corporation v. Air Florida, Inc.Court of Appeals for the D.C. Circuit · 1984
- Menarde v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1954
- Tatrai v. Presbyterian University HospitalSupreme Court of Pennsylvania · 1982
- Budzichowski v. Bell Tel. Co. of Pa.Supreme Court of Pennsylvania · 1983
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3Cited by40 opinions
- Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P.Supreme Court of Delaware · 1993
- Accurso v. Infra-Red Services, Inc.District Court, E.D. Pennsylvania · 2014
- SC Holdings, Inc. v. A.A.A. Realty Co.District Court, D. New Jersey · 1996
- In re Linerboard Antitrust LitigationDistrict Court, E.D. Pennsylvania · 2004
- Gibbons v. First Fidelity Bank, N.A. (In Re Princeton-New York Investors, Inc.)United States Bankruptcy Court, D. New Jersey · 1996
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