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Products Liability Keyed Owen, 8th Ed.
Amchem Products, Inc. v. Windsor
Citation:
521 U.S. 591 (1997)Facts
The asbestos litigation crisis prompted efforts to find a comprehensive solution to the hundreds of thousands of asbestos-related lawsuits clogging court dockets nationwide. After the Judicial Panel on Multidistrict Litigation consolidated all federal asbestos cases in the Eastern District of Pennsylvania, settlement negotiations began between plaintiffs’ attorneys and the Center for Claims Resolution (CCR), representing 20 former asbestos manufacturers. These negotiations resulted in a proposed settlement for a class that included all persons who had been occupationally exposed to defendants’ asbestos products but had not filed lawsuits by January 15, 1993. The class encompassed both currently injured individuals and those who had been exposed but had not yet developed any asbestos-related disease. The settlement established an administrative system and payment schedule for compensating class members who met defined medical criteria, while providing no compensation for certain claims like increased risk of cancer, fear of future injury, and medical monitoring. The District Court certified the class for settlement purposes only and approved the settlement as fair, but the Third Circuit vacated the certification, finding that the class failed to satisfy Rule 23’s requirements.
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