IN RE SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION

No. 88-1436.

859 F.2d 1007 (1988)

In re SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION. Petition of the PLAINTIFFS' STEERING COMMITTEE.

United States Court of Appeals, First Circuit.

Decided September 29, 1988.


Attorney(s) appearing for the Case

David C. Indiano, San Juan, P.R., with whom Scott Labarre was on brief for petitioner.

Norman C. Kleinberg with whom Michael E. Salzman, Michael T. Isbell and Hughes Hubbard & Reed, New York City, for appellees Collins & Aikman Corp., with whom Benjamin Acosta, Jr., San Juan, P.R., for La Cor Wicker.

Anderson, Moss, Russo & Cohen, P.A., Miami, Fla., for Otis Elevator.

Brown, Todd & Heyburn, Louisville, Ky., for Firestone Tire & Rubber Co., Dow Chemical Co., Future Foam, Inc., Sealed Air Corp., Texaco Chemical Co., PPG Industries, Inc., Olin Corp., Quantum Chemical Corp., ICI Americas Inc., Goodyear Tire & Rubber Co., EI DuPont de Nemours & Co., BASF Corp., Amoco Fabrics & Fibers Co., W.R. Grace & Co., Union Carbide Corp., Products Research & Chemical Corp., Allied-Signal, Inc., and Vasallo Industries, Inc.

Chase, Rotchford, Drukker & Bogust, Los Angeles, Cal., for Mitchell-Mann, Inc. and 2M Design Studio, Inc.

Fendig, McLemore, Taylor & Whitworth, Brunswick, Ga., for G.A. Marse Associates, Inc.

Kaye, Scholer, Fierman, Hays & Handler, Washington, D.C., for ADT Security Systems, Inc.

Kirkland & Ellis, Washington, D.C., for Ralph Wilson Plastics Co.

Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for The Sheraton Corp.

Paxton & Seasongood, Cincinnati, Ohio, for Shelby-Williams, Inc.

White & Case, Washington, D.C., for Tarkett, Inc., join on brief.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.


SELYA, Circuit Judge.

This matter arises on an infrastructure of important concerns involving the prophylaxis to be accorded to attorneys' work product and the scope of trial judges' authority to confront case management exigencies in complex multi-district litigation. The critical question is somewhat novel. We delve rather deeply into the doctrinal underpinnings of the work product rule and the emergent need for increased judicial intervention in the early stages...

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