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In re Joint Eastern and Southern District Asbestos Litigation (In re Eagle-Picher Industries, Inc.)
United States District Court for the Eastern District of New York
134 F.R.D. 32 (1990)
Eagle-Picher Industries, Inc. (Eagle-Picher) (defendant) had faced over 130,000 separate asbestos lawsuits against it, with new ones still being filed. The district court that was handling the multidistrict litigation for the asbestos claims determined that Eagle-Picher was deteriorating financially and that its remaining assets were limited. In order to prevent those limited assets from being depleted by litigation costs and current claimants before future claimants could bring claims, the district court and the parties worked to reach a proposed nationwide settlement that created a fund to pay all current and future asbestos claims against Eagle-Picher. The district court then conditionally certified a mandatory, limited-fund class under Federal Rule of Civil Procedure 23(b)(1)(B) and began the settlement-approval process. The district court also ordered an injunction staying all current and future state- and federal-court asbestos cases against Eagle-Picher and issued a memorandum explaining its authority to order that sweeping injunction.
Rule of Law
Holding and Reasoning (Weinstein, J.)
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