Legal Opinion
Wisniewski v. Johns-Manville Corp.
Court of Appeals for the Third Circuit
Decided April 11, 1985No. Nos. 82-1045, 82-1046PublishedCited by 165 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Chief Judge.
This diversity case requires us to predict what the Supreme Court of Pennsylvania would decide if faced with claims brought by relatives of asbestos workers for negligent infliction and intentional infliction of emotional distress caused by the illness and subsequent deaths of the workers. The district court held that, under Pennsylvania law, appellants failed to state a claim upon which relief could be granted, and dismissed the claims pursuant to F.R.Civ.P. 12(b)(6). We affirm as to the negligent infliction cause of action, but reverse as to the…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
- In re Amatex Corp.Court of Appeals for the Third Circuit · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by165 opinions
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- Rose v. BartleCourt of Appeals for the Third Circuit · 1989
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- Pennsylvania ex rel. Zimmerman v. Pepsico, Inc.Court of Appeals for the Third Circuit · 1988
- Potter v. Firestone Tire & Rubber Co.California Supreme Court · 1993
160 more not listed; retrieve them via the Exa API.