Hardy v. Johns-Manville Sales Corporation
United States Court of Appeals for the Fifth Circuit
681 F.2d 334 (5th Cir. 1982)
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
Holding and Reasoning (Gee, J.)
What to do next…
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 97,000 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.
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 160,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,700 briefs, keyed to 186 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.