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Hardy v. Johns-Manville Sales Corporation

United States Court of Appeals for the Fifth Circuit
681 F.2d 334 (5th Cir. 1982)


Facts

Hardy, et al. (plaintiffs) were exposed to asbestos and brought suit against various asbestos manufacturers, sellers, and distributors (defendants). The district court entered a collateral estoppel order, finding that some issues in the plaintiffs’ case had been decided in the plaintiffs’ favor by a separate judgment for unrelated plaintiffs in a different asbestos case, Borel v. Fibreboard Paper Products Corp. (1973). Borel, the plaintiff in that case, was an insulation worker who had been exposed to insulation products from 1936 to 1969. Borel found that Borel would have avoided the danger of asbestos in the insulation if proper warning had been given. Borel found that no one in the insulation industry had provided warnings prior to 1964; that Johns-Manville started to place warnings on its products in 1964; and that Fibreboard started to place warnings on its products in 1966. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Gee, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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