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Products Liability Keyed Owen, 8th Ed.
Cimino v. Raymark Industries, Inc.
Citation:
151 F.3d 297 (1998)Facts
The district court consolidated approximately 3,031 asbestos personal injury cases and certified a class action. After the Fifth Circuit rejected the original trial plan in In re Fibreboard, the court implemented a modified three-phase plan. Phase I was a complete trial of the ten class representatives’ cases plus class-wide determinations of product defectiveness, warning issues, and punitive damages. Phase II was replaced by a stipulation regarding exposure at various worksites. In Phase III, 160 “sample cases” were tried to determine only damages for those individual plaintiffs. The court then held a one-day hearing and determined that these sample cases were statistically representative of the remaining 2,128 “extrapolation cases.” Each extrapolation case was assigned to one of five disease categories (mesothelioma, lung cancer, other cancers, asbestosis, and pleural disease) and awarded damages equal to the average verdict in the sample cases for that disease category. By the time judgments were entered, only Pittsburgh Corning and ACL remained as defendants. Pittsburgh Corning was held liable in 157 cases for approximately $69 million, while ACL was held liable in only two class representative cases.
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