Conwed Corp. v. Union Carbide Corp.
United States Court of Appeals for the Eighth Circuit
443 F.3d 1032 (2006)
- Written by Tiffany Hester, JD
Facts
In Minnesota, Conwed Corporation (plaintiff) manufactured ceiling tiles using asbestos supplied by Union Carbide Corporation (defendant). After Conwed’s employees contracted diseases due to working with asbestos, Conwed paid workers’-compensation benefits. The employees filed and settled a product-liability tort claim against Union. Conwed then filed a subrogation action against Union, seeking reimbursement for the paid and payable workers’-compensation benefits. At trial, the jury determined a total-damages award and found Conwed and Union at fault for the employees’ diseases. The district court then held that Conwed could recover the lesser of the jury award reduced by Conwed’s fault percentage or the paid and payable benefits reduced by Conwed’s fault percentage. Conwed appealed, arguing that Conwed was entitled to recover the reduced jury award up to the full amount of paid and payable workers’-compensation benefits.
Rule of Law
Issue
Holding and Reasoning (Colloton, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 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.
