Malcolm v. National Gypsum Co.
United States Court of Appeals for the Second Circuit
995 F.2d 346 (1993)
- Written by Mary Phelan D'Isa, JD
Facts
Forty-eight of 600 consolidated asbestos-exposure cases were selected for trial on a reverse-bifurcated basis that tried damages before liability. Each of the 48 plaintiffs named between 14 and 42 asbestos manufacturers or distributors, and 25 of those appeared at trial as direct defendants. In addition, several of the defendants impleaded more than 200 companies for third-party indemnity and contribution claims—and some of those third-party defendants in turn impleaded fourth-party defendants. After more than 10 months of the bifurcated trial during which the jury was instructed to consider each case separately, and the effective settlement techniques of the district-court judge and special master, only two plaintiffs remained. Following a verdict, a judgment against Keene Corporation (Keene) (defendant) for 9 percent liability for one of the plaintiff’s injuries was entered—which represented an equal apportionment of liability among defendants despite disproportionate amounts of evidence against each defendant. Keene’s motions for judgment as a matter of law, a new trial, and other post-verdict relief were denied, and Keene appealed and argued that the district court’s decision to consolidate the 48 cases for trial constituted prejudicial error.
Rule of Law
Issue
Holding and Reasoning (McLaughlin, J.)
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