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SIMPSON v. PITTSBURGH CORNING CORP.

No. 465, Docket 89-7742.

901 F.2d 277 (1990)

Helen E. SIMPSON, Individually and as Executrix of the Estate of David Simpson, deceased, Plaintiff-Appellee, v. PITTSBURGH CORNING CORPORATION, Defendant-Appellant, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corp., Owens-Illinois, Inc., The Celotex Corporation, Intergy, Inc., Raymark Industries, Inc., a/k/a Raybestos-Manhattan, Inc., Amchem Products, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided April 16, 1990.

Attorney(s) appearing for the Case

Frank H. Santoro, Hartford, Conn. (Frederick B. Tedford, Frank M. D'Addabbo, and Wendy W. Wanchak, Danaher, Tedford, Lagnese & Neal, Hartford, Conn., on the brief), for defendant-appellant.

Stephen G. Schwarz, Rochester, N.Y. (Faraci, Guadagnino, Lange & Johns, Rochester, N.Y., on the brief), for plaintiff-appellee.

Charles E. Dorkey III and Thomas I. Sheridan, III, Richards & O'Neil, New York City, submitted an amicus curiae brief for T & N plc.

Before KAUFMAN, NEWMAN and WINTER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

In the aftermath of the Supreme Court's suggestion that the imposition of some punitive damages awards may violate the Due Process Clause, see Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc., ___ U.S. ___, 109 S.Ct. 2909, 2921 & n. 23, 106 L.Ed.2d 219 (1989), we have repeatedly been asked to rule that successive punitive damages awards in asbestos cases are unconstitutional. See, e.g., Johnson v. Celotex...

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