Legal Opinion
In re Asbestos School Litigation
District Court, E.D. Pennsylvania
Decided September 28, 1984No. 83-0268PublishedCited by 93 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JAMES McGIRR KELLY, J.
Presently before the Court is plaintiffs’ motion for class certification pursuant to Rule 23 of the Federal Rules of Civil Procedure. Plaintiffs seek certification of a class of essentially all public school districts and private schools in the nation to recover the costs incurred in undertaking asbestos abatement remedial action. Class certification is sought under Rule 23(b)(1)(B), (b)(2) and (b)(3).
The initial complaints in these matters were filed on January 17, 1983, and March 23, 1983, respectively. The representative plaintiffs are four public…
2Cases cited62 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Sierra Club v. MortonSupreme Court of the United States · 1972
- Wisconsin v. YoderSupreme Court of the United States · 1972
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3Cited by93 opinions
- Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
- Wanda Jenkins v. Raymark Industries, Inc.Court of Appeals for the Fifth Circuit · 1986
- School District of Lancaster v. Lake Asbestos of Quebec, Ltd.Court of Appeals for the Third Circuit · 1986
- John F. "Jack" Walsh v. Ford Motor CompanyCourt of Appeals for the D.C. Circuit · 1986
- In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
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