In re JOINT EASTERN AND SOUTHERN DISTRICT ASBESTOS LITIGATION.
In re KEENE CORPORATION.
KEENE CORPORATION, Plaintiff-Appellee,
v.
Joseph FIORELLI; Victor E. Dacey; Leonard Saks; Michael Moe; X Corporation; Z Corporation; Asbestos Corporation, and all others similarly situated, Defendants,
Robert G. Carlisle; Regis C. Coll; Francis S. Hanna; Harry Harbacho; Helen Kane; Sharon A. Mowry, Administratrix of the Estate of Andy Yuschak, Kansas City, Missouri; Martha Boring, Executrix of the Estate of Wilbur J. Boring, deceased; Veronica A. Fox, Administratrix of the Estate of Joseph F. Fox, deceased; Avanell Gallagher, Administratrix of the Estate of Joseph J. Gallagher, deceased; William C. Gorzelsky; Elizabeth Gorzelsky, his wife; Ethel Grove, Administratrix of the Estate of Charles G. Grove, deceased; Dorothy Kawchak, Executrix of the Estate of Mike Kawschak, deceased; Nick Kosjer; Mary Kosjer, his wife; Rosemary Luprek, Administratrix of the Estate of Steve J. Luprek, deceased; Leola March, Administratrix of the Estate of Charles March, deceased; Helen R. Petruska, Administratrix of the Estate of Joseph J. Petruska, deceased; Mary Jane Skelton, Administratrix of the Estate of Thomas Skelton, deceased; Irene Sprankle, Administratrix of the Estate of Clarence Sprankle, deceased; Janet Swanhart, Administratrix of the Estate of Raymond L. Swanhart, deceased; Eleanor Williams, Executrix of the Estate of Carl W. Williams, deceased; Catherine Yakicic, Administratrix of the Estate of Edward J. Yakicic, deceased; Victor Dacey, as individually and as Court appointed representative of the putative sub class of all asbestos claimants; Rachel Kalikstein, individually and as Executrix of the Estate of Kalman Kalikstein; Sylvia Bleiweiss, individually and as Executrix of the Estate of Arthur Bleiweiss; Semi Deutsch, individually and as Administratrix of the Estate of Eddy Deutsch, each on her own behalf and on behalf of all judgment creditor beneficiaries of certain New York State Appellate Division and New York State Supreme Court ordered escrow agreements; Shirley R. Martin, Administratrix of the Estate of James R. Martin, deceased; 309 Pennsylvania Keene Absent Class Members Settlement Creditor; State of West Virginia, a member of the putative class of defendants; Katherin I. Verdin, Personal Representative of Robert N. Verdin, a member of the defendant class, and specifically, a member of Sub-Class C; and St. Paul Fire & Marine Insurance Company, Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued October 29, 1993.
Decided December 1, 1993.
Attorney(s) appearing for the Case
Russel H. Beatie, Jr., New York City (Charna L. Gerstenhaber, Peter S. Liaskos, Beatie, King & Abate, of counsel), for plaintiff-appellee.
Tybe A. Brett, Pittsburgh, PA (Thomas W. Henderson, Henderson & Goldberg, of counsel), for appellants Carlisle and Boring.
Henry P. Monaghan, New York City (Ellen P. Chapnick, of counsel), for appellant Kansas City, MO.
Gene Locks, New York City (Jonathan W. Miller, Erik Jacobs, Greitzer & Locks, of counsel), for appellants 309 Pennsylvania Settlement Creditors.
Steven J. Phillips, New York City (Robert I. Komitor, Alani Golanski, Jerry Kristal, Levy Phillips & Konigsberg, New York City, Greitzer & Locks, Philadelphia, PA, of counsel), for appellants Escrow Agreements Beneficiaries.
D. Bobbitt Noel, Jr., Houston, TX (Vinson & Elkins, of counsel), for appellant St. Paul Fire & Marine Ins. Co.
Peter G. Angelos, Timothy J. Hogan, Baltimore, MD, of counsel, for appellant Katherine I. Verdin.
Daniel J. Popeo, Paul D. Kamenar, Richard A. Samp, Washington Legal Foundation, Washington, DC, of counsel, for amicus Washington Legal Foundation.
Sherman L. Cohn, Washington, DC, for amicus Representative of Future Claimants.
Before: VAN GRAAFEILAND and WINTER, Circuit Judges, and POLLACK, District Judge.
United States Court of Appeals, Second Circuit.
WINTER, Circuit Judge:
This is an appeal from Judge Weinstein's order issuing a preliminary injunction and certifying a mandatory limited-fund class action pursuant to Fed.R.Civ.P. 23(b)(1)(B). The underlying action's claim for relief is unique. It seeks a settlement with a mandatory class of all persons with present or future asbestos claims against Keene Corporation. Keene, however, does not claim that it has a right to such a settlement. Because this claim is not...
Let's get started
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.
