Quimbee logo
DMCA.com Protection Status

Consorti v. Armstrong World Industries, Inc.

72 F.3d 1003 (1995)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Consorti v. Armstrong World Industries, Inc.

United States Court of Appeals for the Second Circuit

72 F.3d 1003 (1995)

Facts

John Consorti (plaintiff) fabricated asbestos pipe-covering products for Owens-Corning Fiberglas Corporation (OCF) (defendant). From exposure to asbestos dust, John developed mesothelioma and a tumor that pressed against his vocal cords, causing him to lose his voice and choke. The tumor interfered with eating, swallowing, and even breathing. As his disease progressed, it was impossible for John to walk or to care for himself. John suffered from his disease for 30 months before passing away. John sued OCF for his mesothelioma injury, and his wife, Frances Consorti (plaintiff), sued OCF for loss of consortium. Their action was consolidated with three other plaintiff couples against manufacturers of asbestos products and tried by Judge Sweet. The jury returned a verdict in favor of John for $12 million for pain and suffering. OCF argued this award was excessive and should be set aside. Justice Helen Freedman was assigned by administrative order to all New York asbestos litigation. Shortly before the Consorti trial, Justice Freedman reduced awards in many comparable cases of mesothelioma to levels far below John’s award. Justice Freedman found jury awards ranging from eight to 42 percent of John’s award all excessive under New York law. Although New York State judgments on damages for pain caused by mesothelioma were available, Judge Sweet relied instead on a monthly multiplier and a recent federal trial court decision, McPadden et al., 798 F. Supp. 937, to uphold John’s award. In McPadden, the district court upheld a jury award of $4.5 million for 10 months of pain and suffering due to mesothelioma. OCF appealed.

Rule of Law

Issue

Holding and Reasoning (Leval, 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 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership