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GEORGINE v. AMCHEM PRODS.
September 21, 1994
ROBERT A. GEORGINE, et al., on behalf of themselves and others similarly situated, Plaintiffs,
AMCHEM PRODUCTS, INC., et al., Defendants, and Third Party Plaintiffs, v. ADMIRAL INSURANCE COMPANY, et al., Third Party Defendants.
LOWELL A. REED, JR., J.
The opinion of the court was delivered by: LOWELL A. REED
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF ISSUANCE OF PRELIMINARY INJUNCTION
1. On January 15, 1993, the complaint was filed in this action seeking damages for personal injury resulting from asbestos-exposure on behalf of a putative class defined as:
(a) All persons (or their legal representatives) who have been exposed in the United States or its territories (or while working aboard U.S. military, merchant or passenger ships), either occupationally or through occupational exposure of a spouse or household member, to asbestos or to asbestos containing products for which one or more of the defendants may bear legal liability and who, as of January 15, 1993, reside in the United States or its territories, and who have not, as of January 15, 1993, filed a lawsuit for asbestos-related personal injury or damage, or death in any state or federal court against the defendant(s) (or against entities for whose actions or omissions the defendant(s) bear legal liability).
(b) All spouses, parents, children, and other relatives (or their legal representatives) of the class members described in paragraph 1 above who have not, as of January 15, 1993, filed a lawsuit for the asbestos-related personal injury, or damage, or death of a class member described in paragraph 1 above in any state or federal court against the defendant(s) (or against entities for whose actions or omissions the defendant(s) bear legal liability).
2. Simultaneously with the filing of the complaint, the CCR defendants
filed an answer and the plaintiffs and defendants jointly filed a proposed stipulation of settlement ("Stipulation") and motion for conditional class certification.
3. On January 29, 1993, the Honorable Charles R. Weiner of this Court conditionally certified the opt-out class.
4. On October 6, 1993, this Court ruled that it had subject matter jurisdiction over this action. Carlough v. Amchem Products, Inc., 834 F. Supp. 1437 (E.D. Pa. 1993).
5. On October 27, 1993, this Court ruled that the notice plan submitted to the Court by the settling parties was adequate and comported with due process and ordered the dissemination of the notice pursuant to the plan. Carlough v. Amchem Products, Inc., 1993 ...
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