45 F.3d 48 (2nd Cir. 1995), 857, Consorti v. Owens-Corning Fiberglas Corp.

Docket Nº:857, Docket 94-7501.
Citation:45 F.3d 48
Party Name:Frances CONSORTI, individually and as Executrix of the Estate of John Consorti, Plaintiff-Appellee, v. OWENS-CORNING FIBERGLAS CORP., Defendant-Appellant.
Case Date:January 18, 1995
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 48

45 F.3d 48 (2nd Cir. 1995)

Frances CONSORTI, individually and as Executrix of the

Estate of John Consorti, Plaintiff-Appellee,

v.

OWENS-CORNING FIBERGLAS CORP., Defendant-Appellant.

No. 857, Docket 94-7501.

United States Court of Appeals, Second Circuit

January 18, 1995

Argued Nov. 14, 1994.

Appeal from the May 5, 1994, judgment of the United States District Court for the

Page 49

Southern District of New York (Robert W. Sweet, Judge) awarding damages against an asbestos manufacturer for injuries caused by an asbestos-related disease.

Issue concerning validity of consortium claim certified to New York Court of Appeals.

William G. Ballaine, New York City (Mark S. Landman, Joanna L. Watman, and Siff Rosen, on the brief), for defendant-appellant.

Steven J. Phillips, New York City (Moshe Maimon and Robert I. Komitor, Alani Golanski, Levy Phillips & Konigsberg, on the brief), for plaintiff-appellee.

Before: NEWMAN, Chief Judge, ALTIMARI and LEVAL, Circuit Judges.

JON O. NEWMAN, Chief Judge:

On this appeal from a judgment of the District Court for the Southern District of New York (Robert W. Sweet, Judge), awarding substantial damages against an asbestos manufacturer on account of injury caused by mesothelioma, we have concluded that we should certify an important and recurring question of New York law to the New York Court of Appeals. The question is whether a cause of action lies for loss of consortium where, prior to the marriage, the plaintiff's spouse was exposed to, and ingested, a substance that remained in his body and eventually caused illness, but the illness did not occur until after the marriage. Accordingly, it is hereby ORDERED that the Clerk of the Court transmit to the Clerk of the New York Court of Appeals a Certificate, in the form set out below, together with a complete set of briefs, appendices, and record filed by the parties with this Court. This panel retains jurisdiction so that, after we receive a response from the New York Court of Appeals, we may dispose of the appeal. The parties are hereby ordered to bear equally such fees and costs, if any, as may be requested by the New York Court of Appeals.

Certificate

Certificate to the New York Court of Appeals (pursuant to N.Y.Rules of Court Sec. 500.17(b) (N.Y.Ct.App.) (McKinney rev. ed. 1986)).

1. The certified issue in this case concerns New York's substantive law of loss of consortium. Frances Consorti and her...

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5 practice notes
  • United States v. Stevens, 080309 NYWDC, 04-CR-222S
    • United States
    • Federal Cases United States District Courts 2nd Circuit Western District of New York
    • 3 Agosto 2009
    ...first judicial appearance on the second indictment, at which time the clock resumes from the point at which it was stopped. Kelly , 45 F.3d at 48 (citing cases). Here, Defendants Stevens and Jacobi both argue that their speedy trial rights were violated. Although Defendants were not brought......
  • 86 N.Y.2d 449, Consorti v. Owens-Corning Fiberglas Corp.
    • United States
    • New York New York Court of Appeals
    • 24 Octubre 1995
    ...after the marital relationship began. As related in the Second Circuit's decision (Consorti v. Page 451 Owens-Corning Fiberglas Corp., 45 F.3d 48, 49), plaintiff's decedent, John Consorti, was continuously exposed to asbestos which he inhaled during the course of his employment between 1960......
  • 590 F.3d 186 (2nd Cir. 2009), 09-2020-cv (L), Kirschner v. KPMG LLP
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • 23 Diciembre 2009
    ...questions as that Court deems appropriate. See In re Peaslee, 547 F.3d 177, 186 (2d Cir.2008); Consorti v. Owens-Corning Fiberglas Corp., 45 F.3d 48, 51 (2d We direct the Clerk to transmit to the New York Court of Appeals this opinion as our certificate, together with the parties' briefs an......
  • 72 F.3d 1003 (2nd Cir. 1995), 857, Consorti v. Armstrong World Industries, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • 28 Agosto 1995
    ...Consorti's entitlement to sue for loss of consortium to the New York Court of Appeals. Consorti Page 1005 v. Owens-Corning Fiberglas Corp., 45 F.3d 48, 49 (2d Cir.1995). On October 24, 1995, the Court of Appeals ruled that the facts proved do not give rise to a cause of action for loss of c......
  • Free signup to view additional results
5 cases
  • United States v. Stevens, 080309 NYWDC, 04-CR-222S
    • United States
    • Federal Cases United States District Courts 2nd Circuit Western District of New York
    • 3 Agosto 2009
    ...first judicial appearance on the second indictment, at which time the clock resumes from the point at which it was stopped. Kelly , 45 F.3d at 48 (citing cases). Here, Defendants Stevens and Jacobi both argue that their speedy trial rights were violated. Although Defendants were not brought......
  • 86 N.Y.2d 449, Consorti v. Owens-Corning Fiberglas Corp.
    • United States
    • New York New York Court of Appeals
    • 24 Octubre 1995
    ...after the marital relationship began. As related in the Second Circuit's decision (Consorti v. Page 451 Owens-Corning Fiberglas Corp., 45 F.3d 48, 49), plaintiff's decedent, John Consorti, was continuously exposed to asbestos which he inhaled during the course of his employment between 1960......
  • 590 F.3d 186 (2nd Cir. 2009), 09-2020-cv (L), Kirschner v. KPMG LLP
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • 23 Diciembre 2009
    ...questions as that Court deems appropriate. See In re Peaslee, 547 F.3d 177, 186 (2d Cir.2008); Consorti v. Owens-Corning Fiberglas Corp., 45 F.3d 48, 51 (2d We direct the Clerk to transmit to the New York Court of Appeals this opinion as our certificate, together with the parties' briefs an......
  • 72 F.3d 1003 (2nd Cir. 1995), 857, Consorti v. Armstrong World Industries, Inc.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Second Circuit
    • 28 Agosto 1995
    ...Consorti's entitlement to sue for loss of consortium to the New York Court of Appeals. Consorti Page 1005 v. Owens-Corning Fiberglas Corp., 45 F.3d 48, 49 (2d Cir.1995). On October 24, 1995, the Court of Appeals ruled that the facts proved do not give rise to a cause of action for loss of c......
  • Free signup to view additional results