GEORGINE V. AMCHEM PRODUCTS, INC.
157 F.R.D. 246 (1994)
NATURE OF THE CASE: Before the court is a motion to determine if the proposed settlement
of the class action was fair to the class. Georgine (Ps) is a class seeking compensation for
exposure to asbestos in products supplied by Amchem (Ds).
FACTS: Ps filed a class action seeking compensation for injuries from asbestos or
asbestos products supplied by Ds. A proposed settlement of the class action was reached and
before the court was a motion to determine if it was fair to the class. The Settling Parties
now urge the Court, pursuant to Fed. R. Civ. P. 23, to: (1) certify the class pursuant to
Fed. R. Civ. P. 23(b)(3); (2) approve the proposed stipulation of settlement as fair,
adequate, and reasonable; (3) conclude that Class Counsel adequately represented the class
in the negotiation of the settlement and during the pendency of this action; and (4) approve
the adequacy of the notice program as implemented by the settling parties. The court
reviewed fairness to the class and heard arguments from individuals claiming that they were
not adequately represented.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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