Ernest E. Adams v. Johns-Manville Sales Corporation

Fifth Circuit

Ernest E. Adams v. Johns-Manville Sales Corporation

752 F.2d 1004, 1985 U.S. App. LEXIS 28029

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 30, 1985

Docket82-4550

StatusPublished

Cited by2 cases

This text of 752 F.2d 1004 (Ernest E. Adams v. Johns-Manville Sales Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ernest E. Adams v. Johns-Manville Sales Corporation, 752 F.2d 1004, 1985 U.S. App. LEXIS 28029 (5th Cir. 1985).

Pincite

Opinion

ON PETITION FOR REHEARING

727 F.2d 533)

PER CURIAM:

The recent decision in Jackson v. JohnsManville Sales Corp., 750 F.2d 1314 at 1327-29 (5th Cir.1985) requires us to recall Sections II and V of the original panel opinion in Adams v. Johns-Manville Sales Corp., 727 F.2d 533, 536-38, 540 (5th Cir.1984). Those sections respectively addressed the availability of damages for Adam’s alleged increased risk of cancer and for the mental anguish resulting from that risk.

Jackson instructs us to certify these two issues to the state supreme court in the absence of controlling state precedent. Louisiana, like Mississippi, has not defined the availability of such relief in the mass tort and latent disease context. Therefore, we certify these questions to the Louisiana Supreme Court, pursuant to Rule XII of the Louisiana Supreme Court Rules.

In accordance with our usual practice, we direct the parties to submit a joint statement of facts and stipulated questions to be certified to the Supreme Court of Louisiana. This is to be done promptly, and the clerk of this court is directed to set an appropriate schedule and notify counsel. Upon receipt of the parties’ response, we will transmit to the Supreme Court of Louisiana the formal certificate together with the record in this case and all briefs, including any memoranda or briefs that might be filed in conjunction with the joint factual statement and stipulated questions.

CERTIFIED.

Free access — add to your briefcase to read the full text and ask questions with AI

ON PETITION FOR REHEARING

727 F.2d 533)

PER CURIAM:

The recent decision in Jackson v. JohnsManville Sales Corp., 750 F.2d 1314 at 1327-29 (5th Cir.1985) requires us to recall Sections II and V of the original panel opinion in Adams v. Johns-Manville Sales Corp., 727 F.2d 533, 536-38, 540 (5th Cir.1984). Those sections respectively addressed the availability of damages for Adam’s alleged increased risk of cancer and for the mental anguish resulting from that risk.

Jackson instructs us to certify these two issues to the state supreme court in the absence of controlling state precedent. Louisiana, like Mississippi, has not defined the availability of such relief in the mass tort and latent disease context. Therefore, we certify these questions to the Louisiana Supreme Court, pursuant to Rule XII of the Louisiana Supreme Court Rules.

In accordance with our usual practice, we direct the parties to submit a joint statement of facts and stipulated questions to be certified to the Supreme Court of Louisiana. This is to be done promptly, and the clerk of this court is directed to set an appropriate schedule and notify counsel. Upon receipt of the parties’ response, we will transmit to the Supreme Court of Louisiana the formal certificate together with the record in this case and all briefs, including any memoranda or briefs that might be filed in conjunction with the joint factual statement and stipulated questions.

CERTIFIED.

Cite This Page — Counsel Stack

Bluebook (online)

752 F.2d 1004, 1985 U.S. App. LEXIS 28029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernest-e-adams-v-johns-manville-sales-corporation-ca5-1985.

Opinion

Related

Cite This Page — Counsel Stack