Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Andaloro v. Armstrong World Industries, Inc.

Trial court erred by applying pro rata, rather than pro tanto, setoff for unresolved claims against Manville Personal Injury Settlement Trust in multi-defendant asbestos litigation.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

� 1 This matter is before the Court on cross-appeals from judgments entered for the plaintiffs in five asbestos cases consolidated for trial. The respective plaintiffs, Charlotte Andaloro, James J. and Francis L. Greenhalgh, Edward C. and Doris Burkett, Ralph and Elizabeth Swan, and Harold and Marion Ruby (collectively “Plaintiffs”), assert that the trial court erred in molding the verdict to reflect the appropriate pro rata distribution of liability between the numerous defendants. Defendant and cross-appellant John Crane, Inc. contends that the court erred in refusing to enter judgment notwithstanding the verdict on the basis that Plaintiffs failed to establish exposure to John Crane products and failed to present adequate expert testimony on causation. In the alternative, Crane demands remittitur and raises putative procedural errors, impugning the consolidation of the cases as well as the court’s charge during the liability phase of the trial. For the following reasons, we affirm in part and vacate in part.

� 2 Plaintiffs commenced the underlying actions against the named defendants following medical diagnoses of mesothelioma or asbestosis in each of the plaintiff husbands. Additionally, Plaintiffs filed claims with the Manville Personal Injury Settlement Trust for compensation from Trust assets pursuant to the Trust Distribution Process. See In re Joint Eastern and Southern Districts Asbestos Litigation, 878 F.Supp. 473 (E. & S.D.N.Y. 1995). Prior to trial, one defendant filed for bankruptcy protection and the court dismissed several others from the actions in which they were named. At the commencement of trial, Plaintiffs’ claims against the Trust remained open. The Trust had not reached a settlement with any of the plaintiffs.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs