In Re BROOKLYN NAVY YARD ASBESTOS LITIGATION (Joint Eastern and Southern District Asbestos Litigation)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[w]here the high court has not spoken, the best indicators of how it would decide are often the decisions of lower state courts”
• remanding \for reconsideration in light of the First Department's anticipated decision in Didner v. Keene Corporation \
• observing that “while a federal court is not bound by lower state court decisions, they do have great weight in informing the court’s prediction on how the highest court of the state would resolve the question”
• remanding “for reconsideration in light of the First Department’s anticipated decision in Didner v. Keene Corporation ”
• affirming propriety of taking “judicial notice of the records of prior cases” that were closely related to the underlying dispute to make factual finding and dismiss claims based on affirmative defense
• “[W]here the high court has not spoken, the best indicators of how it would decide are often the decisions of lower [New York] courts.”

Source: CourtListener parenthetical corpus (CC0).