Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Clay v. Johns-Manville Sales Corp.

United States Court of Appeals for the Sixth Circuit
722 F.2d 1289 (1983)



John Ed Clay and Curtis Bailey (plaintiffs) brought products liability suits against Johns-Manville Sales Corp. (Johns-Manville) and Raybestos-Manhattan, Inc. (Raybestos) (defendants). At trial, the plaintiffs sought to introduce a deposition of Dr. Kenneth Wallace Smith in a prior asbestos case. Smith had worked for Johns-Manville for 22 years as the company’s only full-time doctor. He died before he could testify in this case. Smith’s prior deposition was relevant to the extent of the defendants’ knowledge of the harms of products containing asbestos, which was at issue in this case. The United States District Court for the Eastern District of Tennessee (District Court) excluded the deposition, determining that it was hearsay and did not qualify under the former testimony exception because the defendants in the prior case were not predecessors in interest to the defendants in this case. The District Court found for the defendants in both the current and the prior case. The plaintiffs appealed.

Rule of Law


Holding and Reasoning (Edwards, Jr., J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 497,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 497,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial