Carlough v. Amchem Products, Inc.
| Decision Date | 29 September 1993 |
| Docket Number | No. 93-1429,93-1429 |
| Citation | 5 F.3d 707 |
| 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 Reinsurance 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; Chica |
| Court | U.S. Court of Appeals — Third Circuit |
Laurence H. Tribe, Brian S. Koukoutchos, Cambridge, MA, Brent M. Rosenthal (argued), Frederick M. Baron, Baron & Budd, Dallas, TX, for appellants.
John D. Aldock (argued), Wendy S. White, David M. Battan, Shea & Gardner, Washington, DC, John G. Gaul, Center for Claims Resolution, Princeton, NJ, for appellees Amchem Products, Inc., A.P. Green Industries, Inc., Armstrong World Industries, Inc., Certainteed Corporation, C.E. Thurston & Sons, Inc., Dana Corp., Ferodo America, Inc., Flexitallic, Inc., GAF Bldg. Materials Corp., I.U. North America, Inc., Maremont Corp., Nat. Gypsum Co., Nat. Services Industries, Inc., Nosroc Corp., Pfizer, Inc., Quigley Co., Inc., Shook & Fletcher Insulation Co., T & N, plc, Union Carbide Chemical and Plastics Corp., U.S. Gypsum Co.
Gene Locks, Jonathan W. Miller, Greitzer and Locks, Philadelphia, PA, Ronald L. Motley, Joseph F. Rice, Ness, Motley, Loadholt, Richardson & Poole, Charleston, SC, L. Joel Chastain, Desa A. Ballard, Ness, Motley, Loadholt, Richardson & Poole, Barnwell, SC, for appellees Edward M. Carlough, Pavlos Kekrides and Nafssica Kekrides, His Wife, Laverne Winbun, Executrix of the Estate of Joseph E. Winbun, Deceased, Ambrose Vogt David C. Vladeck, Brian Wolfman, Public Citizen Litigation Group, Washington, DC, for amicus curiae Public Citizen, Inc.
Jr. and Joanne Vogt, His Wife, Carlos Raver and Dorothy M. Raver, His Wife, John A. Baumgartner and Anna Marie, His Wife, Timothy Murphy and Gay Murphy, His Wife, Ty T. Annas, and Fred Angus Sylvester, on Behalf of Themselves and All Others Similarly Situated.
Roberta B. Walburn, Celeste Pulju Grant, Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, Arthur H. Bryant, Trial Lawyers for Public Justice, Washington, DC, for amici curiae Asbestos Victims of America and Trial Lawyers for Public Justice.
Elit R. Felix, II, Margolis, Edelstein, Scherlis & Kraemer, Philadelphia, PA, for appellees Allianz Ins. Co., Allianz Underwriters Ins. Co., Individually and as Successor to Allianz Underwriters Inc., Argonaut Ins. Co., Chicago Ins. Co., Interstate Fire & Cas. Co.
Joseph M. Oberlies, Connor & Weber, Philadelphia, PA, for appellee American Centennial Ins. Co.
Stephen F. Brock, Joseph G. Manta, Manta & Welge, Philadelphia, PA, for appellees American Re-Insurance Co., Executive Re Indem. Inc., as Successor to American Excess Ins. Co.
Lawrence M. Silverman, Silverman,
Coopersmith & Frimmer, Philadelphia, PA, for appellees Central Nat. Ins. Co., of Omaha, Protective Nat. Ins. Co., of Omaha.
Jay M. Levin, Cozen & O'Connor, Philadelphia, PA, for appellees Commercial Union Ins. Co., as Successor to Columbia Cas. Co., Employers Commercial Union Ins. Co., Employers Commercial Union Ins. Co., of America, and Employers' Liability Assur. Corp. Ltd., Safeco Ins. Co. of America.
Daniel P. Lynch, Timby, Brown & Timby, Philadelphia, PA, for appellees Constitution State Ins. Co., Travelers Indem. Co., Travelers Ins. Co.
William P. Shelley, Countess & Shelley, Moorestown, NJ, for appellee Federal Ins. Co.
David J. D'Aloia, Sean R. Kelly, Saiber, Schlesinger, Satz & Goldstein, Newark, NJ, for appellees Gibraltar Cas. Co., Prudential Reinsurance Co.
Rudolph Garcia, Saul, Ewing, Remick & Saul, Philadelphia, PA, for appellee Maryland Cas. Co.
Lewis R. Olshin, Duane, Morris & Heckscher, Philadelphia, PA, for appellee Pennsylvania Manufacturers' Ass'n Ins. Co.
Stephen P. Chawaga, Fitzpatrick & Tanker, Philadelphia, PA, Debra M. Patalkis, New York City, for appellee Republic Ins. Co.
Tybe A. Brett, Henderson & Goldberg, Pittsburgh, PA, for appellees Ronald J. Smith, Josephine Smith, Walter Yastion, Helen Mae Yastion, His Wife, Harry L. Cooper, Margaret J. Cooper, His Wife, Jordan Kushnier, Mary Kushnier, His Wife, Randy L. Ward, Samuel J. Gallagher, Marion E. Gallagher, His Wife.
Before: MANSMANN, GREENBERG, and LEWIS, Circuit Judges.
This class action, designed to effect a settlement between future asbestos claimants and a group of asbestos defendants, was filed on January 15, 1993. The district court granted conditional certification of the plaintiff class, following which several class members moved to intervene. The court denied both intervention of right under Fed.R.Civ.P. 24(a) and permissive intervention under Fed.R.Civ.P. 24(b). However, the district court did assure the proposed intervenors of active participation in the status of...
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In re Community Bank of Northern Virginia
...Order was not a final adjudication of the issues involving intervention and was therefore not appealable. See Carlough v. Amchem Prods., Inc., 5 F.3d 707, 712-14 (3d Cir. 1993). The renewed motion to intervene was filed after the appeal was taken from the Final Order in this matter. We now ......
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Scardelletti v. Debarr
...court's approval of the settlement as unfair "if they objected to the proposed settlement at the Rule 23 hearing"); Carlough v. Amchem Prods., 5 F.3d 707, 710 (3d Cir. 1993) (stating that the district court's denial of a motion to intervene is not immediately appealable because "the objecti......
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Northrup v. Southwestern Bell Telephone Co.
...(10th Cir.1993); Guthrie v. Evans, 815 F.2d 626 (11th Cir.1987) (all imposing an intervention requirement); Carlough v. Amchem Prods., Inc., 5 F.3d 707, 710-14 (3d Cir.1993) (declining to entertain appeal from order denying intervention because objecting class members would be allowed to ap......
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Scardelletti v. Debarr
...court's approval of the settlement as unfair "if they objected to the proposed settlement at the Rule 23 hearing"); Carlough v. Amchem Prods., 5 F.3d 707, 710 (3d Cir. 1993) (stating that the district court's denial of a motion to intervene is not immediately appealable because "the objecti......