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This memorandum and order addresses the certification of a Rule 23(b)(3) class for numerous personal injury asbestos cases in the Eastern District of Texas. District Judge Robert M. Parker found that common state of the art issues regarding asbestos health risks and product defects predominated over individual concerns, making a class action superior for efficient resolution. The court denied a mandatory limited fund class under Rule 23(b)(1)(B) due to insufficient evidence of impending insolvency. The decision outlines a bifurcated trial plan: a class-wide phase for state of the art and punitive damages, followed by individual mini-trials for exposure and actual damages. The court also denied a motion for reconsideration and granted an interlocutory appeal, further appointing a Special Master to profile class claims for the jury.
Jenkins v. Raymark Industries, Inc. is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
This memorandum and order addresses the certification of a Rule 23(b)(3) class for numerous personal injury asbestos cases in the Eastern District of Texas. District Judge Robert M. Parker found that common "state of the art" issues regarding asbestos health risks and product defects predominated over individual concerns, making a class action superior for efficient resolution. The court denied a mandatory "limited fund" class under Rule 23(b)(1)(B) due to insufficient evidence of impending insolvency. The decision outlines a bifurcated trial plan: a class-wide phase for state of the art and punitive damages, followed by individual mini-trials for exposure and actual damages. The court also denied a motion for reconsideration and granted an interlocutory appeal, further appointing a Special Master to profile class claims for the jury.
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