CARLOUGH v. AMCHEM PRODUCTS, INC.

No. 93-1429.

5 F.3d 707 (1993)

Edward M. CARLOUGH; Pavlos Kekrides; Nafssica Kekrides, his Wife; Laverne Winbun, Executrix of the Estate of Joseph E. Winbun, Deceased, and in her own right; Ambrose Vogt, Jr.; Joanne Vogt, his Wife; Carlos Raver; Dorothy M. Raver, his Wife; John A. Baumgartner; Anna Marie Baumgartner, his Wife; Timothy Murphy; Gay Murphy, his Wife; Ty T. Annas; Fred Angus Sylvester, on Behalf of Themselves and all Others Similarly Situated Carl D. Roland; Gloria J. Roland, his Wife; Walter L. Mays, Sr.; Shirley G. Mays, his Wife, Plaintiffs-Intervenors, v. AMCHEM PRODUCTS, INC.; A.P. Green Industries, Inc.; Armstrong World Industries, Inc.; Certainteed Corporation; C.E. Thurston & Sons, Inc.; Dana Corporation; Ferodo America, Inc.; Flexitallic, Inc.; GAF Building Materials Corporation; I.U. North America, Inc.; Maremont Corporation; National Gypsum Company; National Services Industries, Inc.; Nosroc Corporation; Pfizer, Inc.; Quigley Company, Inc.; Shook & Fletcher Insulation Company; T & N, PLC; Union Carbide Chemicals and Plastics Corporation; United States Gypsum Company, Third-Party Plaintiffs, v. ADMIRAL INSURANCE COMPANY; Affiliated FM Insurance Company; AIU Insurance Company; Allianz Insurance Company; Allianz Underwriters Insurance Company, Individually and as Successor to Allianz Underwriters Inc.; Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company; and Northbrook Insurance Company; American Bankers Insurance Company of Florida; American Centennial Insurance Company; American Home Assurance Company; American Motorists Insurance Company; American Reinsurance Company; Appalachian Insurance Company of Providence; Argonaut Insurance Company; Atlanta International Insurance Company; Britamco, Limited; Caisse Industrielle D'Assurance Mutuelle; C.E. Heath Compensation and Liability Insurance Company, as Successor to Employers' Surplus Lines Insurance Company; Centennial Insurance Company; Central National Insurance Company of Omaha; Chicago Insurance Company; City Insurance Company; Colonia Versicherung Aktiengesellschaft; Columbia Casualty Company; Commercial Union Insurance Company, as Successor to Columbia Casualty Company, Employers Commercial Union Insurance Company, Employers Commercial Union Insurance Company of America, and Employers' Liability Assurance Corporation Limited; Compagnie Europeenne D'Assurances Industrielles S.A.; the Constitution State Insurance Company; Continental Casualty Company; Employers Mutual Casualty Company; Evanston Insurance Company; Executive Re Indemnity Inc., as Successor to American Excess Insurance Company; Federal Insurance Company; General Reinsurance Corporation; Gibraltar Casualty Company; Government Employees Insurance Company; Granite State Insurance Company; Great American Insurance Company, Individually and as Successor to Transport Indemnity Company; Highlands Insurance Company; the Home Indemnity Company; the Home Insurance Company; Houston General Insurance Company; Hudson Insurance Company; Insco, Limited; Insurance Company of the State of Pennsylvania; Interstate Fire & Casualty Company; Jefferson Insurance Company of New York; Landmark Insurance Company; La Preservatrice Fonciere Tiard, Individually and as Successor to La Fonciere Assurances Transports Accidents and La Preservatrice; Le Secours; Lexington Insurance Company; Lilloise D'Assurances, as Successor to Lilloise D'Assurances Et De Reassurances; London Guarantee and Accident Company of New York; Lumbermens Mutual Casualty Company; Maryland Casualty Company; Mead Reinsurance Corporation; Michigan Mutual Insurance Company; Mutuelle Generale Francaise; National American Insurance Company of California, as Successor to the Stuyvesant Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA; Northbrook Indemnity Company; North Star Reinsurance Corporation; Northwestern National Insurance Company, Individually and as Successor to Bellefonte Insurance Company; Old Republic Insurance Company; Pennsylvania Manufacturers' Association Insurance Company; the Protective National Insurance Company of Omaha; Prudential Reinsurance Company; Puritan Insurance Company, Individually and as Successor to the Manhattan Fire and Marine Insurance Company; Ranger Insurance Company; Republic Insurance Company; Safeco Insurance Company of America; Safety National Casualty Corporation, as Successor to Safety Mutual Casualty Corporation; St. Paul Fire and Marine Insurance Company, Individually and as Successor to Birmingham Fire Insurance Company; St. Paul Guardian Insurance Company; St. Paul Surplus Lines Insurance Company; Stonewall Insurance Company; Stonewall Surplus Lines Insurance Company; Sun Alliance and London Insurance PLC; Tokio Marine & Fire Insurance Company; the Travelers Indemnity Company; the Travelers Insurance Company; Unigard Security Insurance Company, as Successor to Unigard Mutual Insurance Company; Union Des Assurances De Paris; Yosemite Insurance Company; Certain Underwriters at Lloyds of London (Including John Does 1 to 200, Being Fictitious Names), and Certain London Market Companies (Including John Does 201 to 400, Being Fictitious Names), Third-Party Defendants, Shelva D. Wiese, Individually and as Personal Representative of the Estate of Wilbur M. Wiese; Carl D. Payne, Sr. and Helen Payne, proposed intervenors in district court, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 29, 1993.


Attorney(s) appearing for the Case

Laurence H. Tribe, Brian S. Koukoutchos, Cambridge, MA, Brent M. Rosenthal (argued), Frederick M. Baron, Baron & Budd, Dallas, TX, for appellants.

John D. Aldock (argued), Wendy S. White, David M. Battan, Shea & Gardner, Washington, DC, John G. Gaul, Center for Claims Resolution, Princeton, NJ, for appellees Amchem Products, Inc., A.P. Green Industries, Inc., Armstrong World Industries, Inc., Certainteed Corporation, C.E. Thurston & Sons, Inc., Dana Corp., Ferodo America, Inc., Flexitallic, Inc., GAF Bldg. Materials Corp., I.U. North America, Inc., Maremont Corp., Nat. Gypsum Co., Nat. Services Industries, Inc., Nosroc Corp., Pfizer, Inc., Quigley Co., Inc., Shook & Fletcher Insulation Co., T & N, plc, Union Carbide Chemical and Plastics Corp., U.S. Gypsum Co.

Gene Locks, Jonathan W. Miller, Greitzer and Locks, Philadelphia, PA, Ronald L. Motley, Joseph F. Rice, Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, L. Joel Chastain, Desa A. Ballard, Ness, Motley, Loadholt, Richardson & Poole, Barnwell, SC, for appellees Edward M. Carlough, Pavlos Kekrides and Nafssica Kekrides, His Wife, Laverne Winbun, Executrix of the Estate of Joseph E. Winbun, Deceased, Ambrose Vogt, Jr. and Joanne Vogt, His Wife, Carlos Raver and Dorothy M. Raver, His Wife, John A. Baumgartner and Anna Marie, His Wife, Timothy Murphy and Gay Murphy, His Wife, Ty T. Annas, and Fred Angus Sylvester, on Behalf of Themselves and All Others Similarly Situated.

David C. Vladeck, Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for amicus curiae Public Citizen, Inc.

Roberta B. Walburn, Celeste Pulju Grant, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, Arthur H. Bryant, Trial Lawyers for Public Justice, Washington, DC, for amici curiae Asbestos Victims of America and Trial Lawyers for Public Justice.

Elit R. Felix, II, Margolis, Edelstein, Scherlis & Kraemer, Philadelphia, PA, for appellees Allianz Ins. Co., Allianz Underwriters Ins. Co., Individually and as Successor to Allianz Underwriters Inc., Argonaut Ins. Co., Chicago Ins. Co., Interstate Fire & Cas. Co.

Joseph M. Oberlies, Connor & Weber, Philadelphia, PA, for appellee American Centennial Ins. Co.

Stephen F. Brock, Joseph G. Manta, Manta & Welge, Philadelphia, PA, for appellees American Re-Insurance Co., Executive Re Indem. Inc., as Successor to American Excess Ins. Co.

Lawrence M. Silverman, Silverman, Coopersmith & Frimmer, Philadelphia, PA, for appellees Central Nat. Ins. Co., of Omaha, Protective Nat. Ins. Co., of Omaha.

Jay M. Levin, Cozen & O'Connor, Philadelphia, PA, for appellees Commercial Union Ins. Co., as Successor to Columbia Cas. Co., Employers Commercial Union Ins. Co., Employers Commercial Union Ins. Co., of America, and Employers' Liability Assur. Corp. Ltd., Safeco Ins. Co. of America.

Daniel P. Lynch, Timby, Brown & Timby, Philadelphia, PA, for appellees Constitution State Ins. Co., Travelers Indem. Co., Travelers Ins. Co.

William P. Shelley, Countess & Shelley, Moorestown, NJ, for appellee Federal Ins. Co.

David J. D'Aloia, Sean R. Kelly, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, for appellees Gibraltar Cas. Co., Prudential Reinsurance Co.

Rudolph Garcia, Saul, Ewing, Remick & Saul, Philadelphia, PA, for appellee Maryland Cas. Co.

Lewis R. Olshin, Duane, Morris & Heckscher, Philadelphia, PA, for appellee Pennsylvania Manufacturers' Ass'n Ins. Co.

Stephen P. Chawaga, Fitzpatrick & Tanker, Philadelphia, PA, Debra M. Patalkis, New York City, for appellee Republic Ins. Co.

Tybe A. Brett, Henderson & Goldberg, Pittsburgh, PA, for appellees Ronald J. Smith, Josephine Smith, Walter Yastion, Helen Mae Yastion, His Wife, Harry L. Cooper, Margaret J. Cooper, His Wife, Jordan Kushnier, Mary Kushnier, His Wife, Randy L. Ward, Samuel J. Gallagher, Marion E. Gallagher, His Wife.

Before: MANSMANN, GREENBERG, and LEWIS, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

This class action, designed to effect a settlement between future asbestos claimants and a group of asbestos defendants, was filed on January 15, 1993. The district court granted conditional certification of the plaintiff class, following which several class members moved to intervene. The court denied both intervention of right under Fed.R.Civ.P. 24(a) and permissive intervention under Fed. R.Civ.P. 24(b)....

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases