WILLIAMS v. BASF CATALYSTS LLC

No. 13-1089.

765 F.3d 306 (2014)

Kimberlee WILLIAMS, individually, as personal representative of the Estate of Charles L. Williams, deceased on behalf of said estate, and as representative of others similarly situated; Nancy Pease, individually, as personal representative of the Estate of William Clark, deceased on behalf of said estate, and as representative of others similarly situated; Marilyn Holley, as personal representative of the Estate of Kathryn Darnell, deceased on behalf of said estate, and as representative of others similarly situated; and; Donna Ware, individually, as personal representative of the Estate of Jennifer Graham, deceased on behalf of said estate, and as representative of others similarly situated; Donnette Wengerd, individually, as personal representative of the Estate of Jennifer Graham, deceased on behalf of said estate, and as representative of others similarly situated; Rosanne Chernick, Appellants v. BASF CATALYSTS LLC; Cahill Gordon and Reindel LLP; Cahill Gordon and Reindel, A Partnership including a Professional Corporation; Thomas D. Halket; Arthur A. Dornbusch, II; Glenn Hemstock; Howard G. Sloane, a/k/a Peter Sloane; Ira J. Dembrow; Scott A. Martin; John Doe Business Entities 1 to 100, are fictitious coporations, partnerships, or other business entities or organizations that BASF Catalysts LLC is responsible or liable for and whose identities are not presently known, which entities may have mined, milled, manufactured, sold, supplied; John Doe Business Entities 101 to 200, are the fictitious firms, corporations, partnerships, limited liability companies/associations or other business entities or organizations whose indentities are not presently known, and who may have perpetrated, or are responsible for, are the alter egos; John Doe Lawyers 1 to 500, are the fictitious names of lawyers and law firms, legal professional corporations, legal professional partnerships, or other professional business business entities or organizations, or their agents, employees, or servants, acting within the course and; John Doe 1 to 500, are the fictitious names of individuals whose identities are not presently known, who may have perpetrated, aided and abetted, conspired with, acted in concert with and/or are secondarily responsible or liable under law for the conduct or activities of.

United States Court of Appeals, Third Circuit.

Filed: September 3, 2014.


Attorney(s) appearing for the Case

Michael Coren, Esq , Harry M. Roth, Esq. , Cohen, Placitella & Roth, P.C., Philadelphia, PA, Christopher M. Placitella, Esq. , Cohen, Placitella & Roth, P.C., Red Bank, N.J., Jeffrey M. Pollock, Esq. , [argued], Fox Rothschild LLP, Lawrenceville, N.J., Attorneys for Appellants.

Stephen M. Orlofsky , David C. Kistler , Blank Rome LLP, Princeton, N.J., Eugene F. Assaf, Esq. , [argued], Daniel A. Bress, Esq. , Peter A. Farrell, Esq. , Michael F. Williams, Esq. , Kirkland & Ellis LLP, Washington, D.C., Attorneys for Appellee BASF Catalysts LLC.

Robert E. Ryan, Esq. , Marc D. Haefner, Esq. , Craig S. Demareski, Esq. , Connell Foley LLP, Roseland, N.J., John K. Villa, Esq. , David S. Blatt, Esq. , Kannon K. Shanmugam, Esq , [argued], Matthew B. Nicholson, Esq. , Richard A. Olderman, Esq. , Williams & Connolly LLP, Washington, D.C., Attorneys for Appellees Cahill Gordon & Reindel LLP, Howard G. Sloane, Ira J. Dembrow, and Scott A. Martin.

Eric Tunis, Esq. , [argued], Greenbaum, Rowe, Smith & Davis, Iselin, NJ, Olivier Salvagno Esq. , Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, N.J., Attorneys for Appellee Thomas D. Halket.

Walter F. Timpone, Esq. , Walter R. Krzastek, Jr., Esq. , Michael B. Devins, Esq. , McElroy, Deutsch, Mulvaney & Carpenter, LLP, Morristown, N.J., Attorney for Appellee Glen Hemstock.

Kevin H. Marino, Esq. , John A. Boyle, Esq. , Marino, Tortorella & Boyle, P.C., Chatham, N.J., Attorneys for Appellee Arthur A. Dornbusch, II.

Before: McKEE, Chief Judge, and AMBRO and FUENTES, Circuit Judges.


OPINION

FUENTES, Circuit Judge.

This putative class action lawsuit alleges that BASF Catalysts LLC and Cahill Gordon & Reindel conspired to prevent thousands of asbestos-injury victims from obtaining fair tort recoveries for their injuries. Decades ago, BASF's predecessor, Engelhard Corp, discovered that its talc products contained disease-causing asbestos. Plaintiffs allege that, rather than confront the consequences of this discovery, Engelhard, with...

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