Carlough v. Amchem Products, Inc.
| Decision Date | 17 March 1993 |
| Citation | 10 F.3d 189 |
| Parties | Edward M. CARLOUGH; Pavlos Kekrides; Nafssica Kekrides, his wife; Laverne Winbun, Executrix of the Estate of Joseph E. Winbun, Deceased, and in her own right; Ambrose Vogt, Jr.; Joanne Vogt, his wife; Carlos Raver; Dorothy M. Raver, his wife; John A. Baumgartner; Anna Marie Baumgartner, his wife; Timothy Murphy; Gay Murphy, his wife; Ty T. Annas; Fred Angus Sylvester, on Behalf of Themselves and all Others Similarly Situated. Carl D. Roland; Gloria J. Roland, his wife; Walter L. Mays, Sr.; Shirley G. Mays, his wife, Plaintiffs-Intervenors, v. AMCHEM PRODUCTS, INC.; A.P. Green Industries, Inc.; Armstrong World Industries, Inc.; Certainteed Corporation; C.E. Thurston & Sons, Inc.; Dana Corporation; Ferodo America, Inc.; Flexitallic, Inc.; GAF Building Materials Corporation; I.U. North America, Inc.; Maremont Corporation; National Gypsum Company; National Services Industries, Inc.; NOSROC Corporation; Pfizer, Inc.; Quigley Company, Inc.; Shook & Fletcher Insulation Company; T & N, PLC; Union Carbide Chemicals and Plastics Corporation; United States Gypsum Company, Third-Party Plaintiffs, v. ADMIRAL INSURANCE COMPANY; Affiliated FM Insurance Company; AIU Insurance Company; Allianz Insurance Company; Allianz Underwriters Insurance Company, Individually and as Successor to Allianz Underwriters Inc.; Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company and Northbrook Insurance Company; American Bankers Insurance Company of Florida; American Centennial Insurance Company; American Home Assurance Company; American Motorists Insurance Company; American Re-Insurance Company; Appalachian Insurance Company of Providence; Argonaut Insurance Company; Atlanta International Insurance Company; Britamco, Limited; Caisse Industrielle D'Assurance Mutuelle; C.E. Heath Compensation and Liability Insurance Company, as Successor to Employers' Surplus Lines Insurance Company; Centennial Insurance Company; Central National Insurance Company of Omaha; Chic |
| Court | U.S. Court of Appeals — Third Circuit |
David L. Meade, Shinaberry, Meade & Venezia, L.C., William C. Field, James Humphreys, Stuart Calwell, Calwell & McCormick, Charleston, WV, for amicus curiae Shinaberry, Meade & Venezia, L.C., William C. Field, Law Offices of James Humphreys, and Calwell & McCormick.
Before: MANSMANN, GREENBERG and LEWIS, Circuit Judges.
OPINION OF THE COURT
The appellants, the "Gore plaintiffs", are absent members of a purported federal plaintiff class in an action brought pursuant to Federal Rule of Civil Procedure 23(b)(3) for asbestos-related tort damages in the United States District Court for the Eastern District of Pennsylvania. Simultaneously with the federal class action, but prior to the establishment of an opt out period in the federal suit, the Gore plaintiffs initiated a class action in the State Circuit Court of Monongalia County, West Virginia, against the same defendants named in the federal class action. The federal district court issued a preliminary injunction pursuant to the Anti-Injunction Act and the All-Writs Act,...
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In re the Prudential Ins. Co. of America
...See Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 811-12, 105 S.Ct. 2965, 2974-75, 86 L.Ed.2d 628 (1985); Carlough v. Amchem Prods., Inc., 10 F.3d 189, 199 (3d Cir.1993). In this case, over eight million policyholders received individual and publication notice of the proposed class action......
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Prudential Ins. Co. of America Sales Practices Litigation, In re
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Southeastern Penn. Transp. v. Penn. Pub. Util.
...the Anti-Injunction Act `to permit the issuance of an injunction.'" In re Prudential, 261 F.3d at 365 (quoting Carlough v. Amchem Prods., Inc., 10 F.3d 189, 201 n. 9 (3d Cir.1993)); see also In re Diet Drugs, 282 F.3d 220, 233-35 (3d Cir.2002) (discussing application of relitigation excepti......
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In re Diet Drugs
... Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 811-12, 105 S.Ct. 2965, 86 L.Ed.2d 628 (1985) ; see also Carlough v. Amchem Prods., Inc., 10 F.3d 189, 201 (3d Cir.1993) ("[P]rior to notice and the opt out period, and absent minimum contacts with the Pennsylvania forum or consent to its jur......
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3 books & journal articles
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Forum shopping for arbitration decisions: federal courts' use of antisuit injunctions against state courts.
...court. Chick Kam Choo v. Exxon Corp., 486 U.S. 140, 149-50 (1988) (citations omitted). (293) See, e.g., Carlough v. Amchem Prods. Inc., 10 F.3d 189, 201-04 (3d Cir. 1993) (holding that a federal court could enjoin class members from filing a state court action when the federal court had pro......
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Federal jurisdiction and due process in the era of the nationwide class action.
..."procedural" considerations that will attend the enforcement of such an order, which I set forth in the paragraphs that follow. (219) 10 F.3d 189 (3d Cir. (220) The court wrote: International Shoe arose in the state court system and the opinion expressed the due process guarantees of the Fo......
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Assessing CAFA's stated jurisdictional policy.
...of other factors that would otherwise favor or militate against transfer"). (174) For an example, see Carlough v. Amchem Products, Inc., 10 F.3d 189 (3d Cir. 1993), in which the Third Circuit reviewed a West Virginia state court order purporting to opt all West Virginia residents out of a c......