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In re Asbestos Litigation
United States Court of Appeals for the Fifth Circuit
90 F.3d 963 (1996)
Facts
The court granted class certification to the Global Health Claimant Class (plaintiffs) based on a limited fund. The Global Health Claimant Class sued Fibreboard Corporation (Fibreboard) (defendant) for damages caused by Fibreboard asbestos. The Global Health Claimant Class, Fibreboard, and Fibreboard’s insurers entered into the Global Health Settlement Agreement. The Global Health Claimant Class victims received $10 million of Fibreboard’s $250 million net worth. The challengers (intervenors) to the class action argued that the mandatory class was an improper attempt to circumvent the Bankruptcy Code.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
Dissent (Smith, J.)
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