Federal Case

How courts have described this case

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

• holding that “considered as a litigation class,” the class cannot meet Federal Rule of Civil Procedure 23’s requirements (emphasis added)
• holding that Rule 23(b) requirements must be satisfied as if class were to litigate its claims
• holding that individual issues predominated where each plaintiffs exposure to asbestos and resulting injury varied and each state’s applicable law differed
• holding that predominance was defeated, in part, by the number of differing state legal standards applicable to the controversy
• recommending that Congress solve the problems inherent in multi-state class actions by federalizing choice of law rules, but rejecting, such legislation when it masquerades as judicial innovation
• finding that class conflict prevented finding of adequate representation and observing that settlement demonstrated class conflict because settlement made recovery determinations on which class member interests were at odds

Source: CourtListener parenthetical corpus (CC0).