In re Asbestos & Asbestos Insulation Material Products Liability Litigation

431 F. Supp. 906, 1977 U.S. Dist. LEXIS 16486
CourtUnited States Judicial Panel on Multidistrict Litigation
DecidedApril 7, 1977
DocketNo. 269
StatusPublished
Cited by15 cases

This text of 431 F. Supp. 906 (In re Asbestos & Asbestos Insulation Material Products Liability Litigation) is published on Counsel Stack Legal Research, covering United States Judicial Panel on Multidistrict Litigation primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Asbestos & Asbestos Insulation Material Products Liability Litigation, 431 F. Supp. 906, 1977 U.S. Dist. LEXIS 16486 (jpml 1977).

Opinion

OPINION AND ORDER

PER CURIAM.

This litigation consists of 103 actions pending in nineteen districts. The distribution of these actions is as follows:

Northern District of Ohio 23

Southern District of Texas 20

District of Connecticut 16

Eastern District of Texas 12

District of South Carolina 7

District of New Jersey 6

Southern District of Florida 4

Eastern District of Illinois 2

Eastern District of Michigan 2

District of Montana 2

Eastern District of Tennessee 1

Western District of Pennsylvania 1

Eastern District of Pennsylvania 1

Eástern District of Missouri 1

Eastern District of Louisiana 1

District of Rhode Island 1

Southern District of Indiana 1

District of Maryland 1

Southern District of West Virginia 1

The 103 actions have been brought by workers who were exposed to asbestos dust in the course of their employment, or by persons associated with those workers, either as co-workers or as members of the family. Many diverse types of vocational exposure are involved in these actions.1 Plaintiffs in most of the actions are or were workers at plants which produce asbestos [908]*908products (the factory worker actions), or tradesmen who work with a variety of asbestos products (the tradesman actions). A majority of the tradesmen are installers of insulation products containing asbestos. Ninety-four of the actions are tradesman actions and nine of the actions are factory worker actions.

Six of the actions were brought as class actions on behalf of employees at three different plants that manufacture or once manufactured asbestos products. Three of the actions in the Eastern District of Texas were brought as class actions on behalf of employees at a PPG Industries plant in Tyler, Texas. Class certification has been denied in these three actions. The other three purported class actions are pending in the District of New Jersey, see note 1, supra. Two are brought on behalf of employees of Raybestos Manhattan, Inc. at a now defunct plant in Passaic, New Jersey. The other action is brought on behalf of employees at a Johns-Manville, Inc. plant in Manville, New Jersey. Class certification is still pending in the New Jersey actions.

There are a total of 80 defendants in the 103 actions. The majority of the defendants are manufacturers or distributors of various asbestos products. Johns-Manville is a defendant in 91 of the actions.2 Seven other defendant corporations are named in more than 50 actions, seven others are named in more than 30 actions, and ten others are named in ten or more actions.

The complaints in the actions generally allege that the defendants wrongfully, caused the plaintiffs to be exposed to asbestos dust and asbestos fibers over a period of 1 time, as a result of which the plaintiffs have contracted or are in danger of contracting asbestosis, mesothelioma, or other disorders. Alleged liability is based on the principles of strict liability, negligence, and/or breach of warranties of merchantability and/or fitness. It is also alleged that the defendants knew or should have known of the dangers to persons exposed to asbestos products,3 but that defendants failed to [909]*909warn the plaintiffs of these dangers; failed to provide adequate precautions, safety devices, or wearing apparel to prevent exposure; and/or failed to establish reasonable standards for exposure.

Pursuant to 28 U.S.C. § 1407(c)(i) and Rule 8, R.P.J.P.M.L., 65 F.R.D. 253, 258-59 (1975), the Panel issued an order to show cause why all these actions should not be transferred to a single district for coordinated or consolidated pretrial proceedings.4 All except one5 of the 55 respondents to the Panel’s order to show cause oppose transfer in this litigation. The primary arguments presented by the parties in opposition to transfer are the following:

(1) Many of the actions have been pending for several years and are well advanced in discovery. In several actions a discovery cutoff date or a trial date has been set. Transfer would merely delay the progress of discovery or the trial of those actions.

(2) In several districts, arrangements for voluntarily sharing the common aspects of discovery have been made among the parties to the actions pending within those districts. Transfer would cause unnecessary additional expenses which can be avoided by voluntary coordination of efforts among the parties.

(3) There is a lack of commonality among the parties in these actions.

(a) There is considerable variation in named defendants from action to action. No defendant or category of defendants is a party to all actions. Defendants include manufacturers of asbestos products, distributors of asbestos products, insurance companies, doctors, suppliers of raw asbestos fibers, trade associations, trade unions, and the United States of America.
(b) The plaintiffs are not a homogeneous group. They include insulation workers involved in the installation or removal of insulation products, workers in factories manufacturing asbestos products, co-workers, members of workers’ families, and persons living in the proximity of asbestos manufacturing facilities.

(4) Although a common thread among these actions is exposure to some type of asbestos or asbestos product, the circumstances of exposure are predominantly individual to each action. The variables include the following:

(a) type of vocational exposure (e. g.— miner, transporter, factory worker, or tradesman);
(b) products to which exposed;
(c) conditions of exposure;
(d) duration and intensity of exposure;
(e) safety precautions taken by the worker;
(f) médical, personal, employment, and family history of the worker over the long periods of exposure involved (up to 50 years).

Regarding the factory workers and tradesmen, the two basic types of vocational exposure involved, the exposure of factory workers was to 100% raw asbestos, while the exposure of tradesmen was to products which generally contain about 15% asbestos.

(5) The question of causation is an individual issue. Several different types of disorders are alleged, including asbestosis, lung cancer, peritoneal mesothelioma, mesothelioma of the lining of the stomach or gastric organs, cancer of the esophagus, cancer of the colon, and cancer of the rectum. The question of whether particular disorders may be attributable to exposure to a particular type of asbestos is a matter of dispute among medical authorities. Causation of an individual’s disability by asbes[910]*910tos exposure will necessarily be related to the individual factors of length, intensity, and type of vocational exposure, and to the physical characteristics of the person.

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431 F. Supp. 906, 1977 U.S. Dist. LEXIS 16486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-asbestos-asbestos-insulation-material-products-liability-litigation-jpml-1977.