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In the Matter of Johns-Manville/Asbestosis Cases

United States District Court for the Northern District of Illinois
93 F.R.D. 853 (1981)

Written by Sean Carroll, JD

Facts

Employees (plaintiffs) of Johns-Manville Corp. (J-M) filed suit against J-M, Johns-Manville Sales Corp., and Canadian Johns-Manville Co., Ltd. (collectively, J-M defendants) (defendants) for damages related to the companies’ use of asbestos. The employees moved to introduce former testimony of Dr. Kenneth Smith. The J-M defendants filed a cross-motion to exclude the testimony. Smith had served as J-M medical director prior to his death. Smith had been deposed in two prior asbestos-related cases brought by end-users of asbestos. None of the J-M defendants was a defendant in those cases, but Johns-Manville Products Corp. (J-M Products) was. J-M was the parent company of wholly owned subsidiaries J-M defendants and J-M Products. In Smith’s deposition, he indicated that he was a consultant for the entire J-M corporation.

Rule of Law

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Issue

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Holding and Reasoning (Shadur, J.)

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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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