Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Kirk v. Raymark Industries, Inc.

United States Court of Appeals for the Third Circuit
61 F.3d 147 (1995)



Kirk (plaintiff) brought a personal injury suit against Owens-Corning (defendant) for asbestos-related injuries. Owens-Corning introduced expert testimony of Dr. Harry Demopoulos, who stated that the “overwhelming majority” of asbestos-related mesotheliomas are caused by crocidolite asbestos fiber. Kirk then introduced, over Owens-Corning’s objection, the prior testimony of Dr. Louis Burgher from an unrelated Owens-Corning litigation. In that prior testimony, Burgher testified for Owens-Corning that chrysotile fibers contaminated with tremolite could cause mesothelioma. The United States District Court for the Eastern District of Pennsylvania admitted the prior testimony and found in favor of Kirk. Owens-Corning appealed.

Rule of Law


Holding and Reasoning (Cowen, J.)

What to do next…

  1. 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 457,000 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.

  2. 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial