IN RE FEMA TRAILER FORMALDAHYDE PRODUCTS LIABILITY

No. 09-31131.

628 F.3d 157 (2010)

In re: FEMA TRAILER FORMALDAHYDE PRODUCTS LIABILITY LITIGATION. Raymond Bell, III, Plaintiff-Appellant, v. Keystone RV Company; Shaw Environmental, Inc.; Federal Emergency Management Agency, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 14, 2010.


Attorney(s) appearing for the Case

Gerald Edward Meunier (argued), Tara Jo Gilbreath , Justin I. Woods , Gainsburgh, Benjamin, David, Meunier & Warshauer, New Orleans, LA, for Bell.

Ryan Estea Johnson (argued), James Conner Percy , Jones Walker , Baton Rouge, LA, Madeleine M. Fischer , Jones Walker, L.L.P., New Orleans, LA, for Keystone RV Co.

Michael David Kurtz , Catherine N. Thigpen , Karen Kaler Whitfield , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Shaw Environmental, Inc.

Henry Thomas Miller , Senior Trial Counsel, U.S. Dept. of Justice, Torts Branch Civ. Div., Washington, DC, Michele Susan Greif (argued), U.S. Dept. of Justice, Dept. of Environmental Torts, Washington, DC, for Fed. Emergency Management Agency.

Before JONES, Chief Judge, PRADO, Circuit Judge, and O'CONNOR, District Judge.


EDITH H. JONES, Chief Judge:

Appellant Bell challenges the dismissal with prejudice of his case following the district court's denial of his requests either to substitute a new "bellwether"1 plaintiff or to continue the scheduled trial date. The court's actions were taken in the course of its management of thousands of similar MDL-consolidated suits for allegedly injurious formaldehyde exposure in FEMA trailers following Hurricanes Katrina...

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