HARDY V. JOHNS-MANVILLE SALES CORP.
681 F.2d 334 (5th Cir. 1982)
NATURE OF THE CASE: This was an asbestos suit. Johns Manville (Ds) filed an interlocutory
appeal under 28 U.S.C.S. 1292(b) from a judgment, which, based on the theories of res
judicata and/or collateral estoppel, issued an omnibus order that precluded the introduction
of evidence by either party on the issue of whether asbestos caused either asbestosis or
mesothelioma.
FACTS: This was an asbestos suit. The district court entered a collateral estoppel order
that certain issues had already been determined in P's favor by a judgment for unrelated
plaintiffs against six manufacturers of asbestos in the Borel suit. The court construed
Borel as establishing that insulation products containing asbestos as a generic ingredient
are unavoidably unsafe products, that asbestos is a competent producing cause of
mesothelioma and asbestosis, that no warnings were issued by any asbestos insulation
manufacturers prior to 1964, and that the warning standard was not met by Borel defendants
in the period from 1964 to 1969. Ds appealed in that Borel did not necessarily decide that
asbestos containing insulation products were unreasonably dangerous because of a failure to
warn.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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