temple inland products corp v carter

Martin Reeves Carter, Sr. and Larry Wilson, electricians employed by Biskamp Electric Co., were exposed to asbestos on the premises of Temple-Inland Forest Products Corporation (Temple) for a short period. 521 U.S. at 432-433 (citing Burns v. Jacquays Mining Corp., 752 P.2d 28 (Ariz.Ct.App. Negligent Infliction of Emotional Distress. 1987), review dism'd, 781 P.2d 1373 (Ariz. 1989); Mergenthaler v. Asbestos Corp. of Am., 480 A.2d 647 (Del. Latest companies and documents filed with the Security and Exchange Commission Dartez does appear to support Watkins' conclusion, but its reasoning is flawed. Thus, Pool supports the proposition that a plaintiff who has developed an asbestos-related disease may recover mental anguish damages for a reasonable fear of developing other asbestos-related diseases. Supreme Court of Texas. According to Dr. Jenkins, Wilson's shortness of breath and pleural thickening were possibly related to his obesity, and the pleural thickening could have been related to a history of asbestos exposure predating the Temple-Inland work. Nearly two years later, Carter and Wilson were examined by a physician who concluded that neither man had developed any asbestos-related disease. The principal case on which Carter and Wilson rely is the Fifth Circuit's decision in Watkins v. Fibreboard Corp. Chief Justice Walker dissented, stating that plaintiffs' risk of developing cancer was so low that their fears were, as a matter of law, unreasonable. You can try any plan risk-free for 30 days. FL. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. ... Fomento Economico Mexicano S.A.B. In almost all instances involving personal injury, the law allows for the recovery of accompanying mental anguish damages, even if the mental anguish is not itself physically manifested. Temple-Inland Inc. Delaware. Adams v. Clean Air Sys., Inc., 586 N.E.2d 940, 942 (Ind.Ct.App. ). 1986) (Louisiana law); Wisniewski v. Johns-Manville Corp., 759 F.2d 271 (3d Cir. Temple-Inland beschäftigte rund 19.500 Mitarbeiter (Stand: 2006). 1973) (invasion of privacy); Stuart v. Western Union Tel. The court of appeals affirmed the judgment denying punitive damages but, by a divided vote, reversed the judgment on plaintiffs' actual damage claims. (suggesting that a woman could recover mental anguish damages for fear that a traumatic injury to her breast in a car accident could, according to her physician, result in cancer); Dulaney Inv. v. Wechter, 683 S.W.2d 369, 374 (Tex. The issue is whether they can recover for their fear that they will someday develop such a, Alternatively, Carter and Wilson argue that they have been physically injured because of their exposure to asbestos fibers. The Court identified three reasons for denying recovery of mental anguish damages in such cases: the "special `difficult[y] for judges and juries' in separating valid, important claims from those that are invalid or `trivial'"; "a threat of `unlimited and unpredictable liability'"; and "the `potential for a flood' of comparatively unimportant, or `trivial,' claims". Likes, 962 S.W.2d at 494 (citing Boyles, 855 S.W.2d at 598, for "noting that mental anguish is not recoverable in an action for negligent misrepresentation"). The question, rather, is whether this type of claim — for fear of an increased risk of developing an asbestos-related disease when no disease is presently manifest — should be permitted, regardless of any individual plaintiff's circumstances, when the effort in determining the genuineness of each claim and assuring appropriate recovery is beset with the difficulties we have described. 1991); Deleski v. Raymark Indus., Inc., 819 F.2d 377 (3d Cir. Rehearing Overruled January 16, 1998. Carter's X-ray showed no abnormalities whatever, and his pulmonary function was close to normal. James I. Potts for Respondents. Feng Hongyan v The Collector of Stamp Revenue [2018] 2 HKLRD 1471 (whether a cancellation agreement is subject to stamp duty as a conveyance on sale). We're more than consumer products and paper. Mr. T.L.L. Februar 2012 durch den Konkurrenten International Paper übernommen. The Corrugated Packaging operation has seven containerboard mills and serves customers through 63 converting facilities. uxury Spa Products. The court noted that no Texas court had permitted such recovery but concluded that Texas law would allow it based on a number of analogous cases. The sole issue in this case is whether a person who has been exposed to asbestos but does not have an asbestos-related disease may recover damages for fear of the possibility of developing such a disease in the future. ... KLEEN PRODUCTS LLC, et al. Assuming that that proposition is correct, something we do not decide here, Pool does not support Watkins' conclusion that a person who has no asbestos-related disease can likewise recover for fear of possible future disease. Zu Temple-Inland gehörten die Tochterunternehmen Inland Paperboard and Packaging … Oral argument was held on October 21, 1998. The point of such categorization is to deny courts the authority to undertake a case by case examination."). moody's rates temple-inland's $300 million offering of upper decs baa3, negative outlook Moody's Investors Service 05 Mar 2002 (negligent handling of corpse). Inland member companies share market knowledge in the areas of leasing, property management, land development, commercial area estate brokerage, acquisition, commercial lending and other areas of commercial real estate, providing a one-stop shop for clients across the country. Search for: Search COVID-19 – the latest information on how we are addressing health and safety. Motor Express, 925 S.W.2d at 639 ("While there may be certain relationships that give rise to a duty which, if breached, would support an emotional distress award even absent proof of physical injury, Boyles, 855 S.W.2d at 600, the landowner-invitee relationship is not one."). Based on the depositions of Dr. Jenkins, Carter, Wilson, and others, Temple-Inland moved for summary judgment on the ground that Carter and Wilson had not suffered any injury for which they could recover mental anguish damages. This appears to be the generally accepted rule in most, if not all, American jurisdictions. Motor Express, Inc. v. Rodriguez, 925 S.W.2d 638, 639 (Tex. Dr. Jenkins, however, insisted that Wilson and Carter had been injured by their exposure to asbestos and probable inhalation of asbestos fibers at the Temple-Inland lab. Exposure to asbestos, a known carcinogen, is never healthy but fortunately does not always result in disease. Inland Container Corporation was founded by Herman C. Krannert as Anderson Box Company in Anderson, Indiana in 1918. This difficulty in turn makes liability unpredictable, with some claims resulting in significant recovery while virtually indistinguishable claims are denied altogether. 1984); Eagle-Picher Indus., Inc. v. Cox, 481 So.2d 517 (Fla.Dist.Ct.App. * Enter a valid Journal (must Dr. Jenkins did not attribute any of Wilson's symptoms to his exposure to asbestos on Temple-Inland's premises and agreed that that exposure was probably too recent to have resulted in any of Wilson's conditions, given the long latency period ordinarily involved in asbestos-related diseases. TEMPLE INLAND FOREST PRODUCTS CORP v NATIONAL GYPSUM COMPANY. Buckley, 521 U.S. at 446 (Ginsburg, J., dissenting). law school study materials, including 801 video lessons and 5,200+ Relying principally on the Fifth Circuit's decision in Watkins v. Fibreboard Corp. and the Sixth Court of Appeals' opinion in Fibreboard Corp. v. Pool, the court concluded that "it is well established a plaintiff may recover for mental anguish based upon fear of cancer even though the evidence shows the plaintiff does not have, and in reasonable medical probability, will not have cancer, so long as there has been exposure to the causative agent and the fear is reasonable." Facts. 1978) Daniell v. Ford Motor Co. 581 F.Supp. 1985), review den., 492 So.2d 1331 (Fla. 1986); Capital Holding Corp. v. Bailey, 873 S.W.2d 187 (Ky. 1994); Payton v. Abbott Labs, 437 N.E.2d 171 (Mass. Unbeknownst to Carter and Wilson, the countertops contained asbestos. 1300 S Mo Pac Expy, Austin, TX 78746. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Members (20): Larry Faulkner (Director) David Pustka (CTO) John Clifford (Manager) James Decosmo (CTO) Jim … Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. Indeed, most Americans are daily subjected to toxic substances in the air they breathe and the food they eat. July 9, 1997. Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 547-548 (1994). v. 3 . But if bodily injury is at most latent and any eventual consequences uncertain, as when a person's exposure to asbestos has not produced disease, then the case for recovery of mental anguish damages is much weaker. Wong Suet Foon Shirly v The Collector of Stamp Revenue [2019] 2 HKLRD 227 (whether an assent is subject to stamp duty as a voluntary disposition inter vivos). Temple-Inland also contended that as a matter of law it had not been grossly negligent. Alternatively, Carter and Wilson argue that they have been physically injured because of their exposure to asbestos fibers. The company also sold its bleached paperboard facility in Evadale, Texas, to Westvaco Corp. that year. He estimated that the chances of their developing a disease as a result had increased from one in a million, which he estimated to be the risk that a person would ever develop a disease from asbestos exposure not occupationally related, to about one in 500,000 for the next ten or fifteen years, and as much as one in 100 over twenty or thirty years. 389 (Tex.Civ.App. As we later explained in City of Tyler v. Likes, "[i]t has been established for over a century that `[a] person who is placed in peril by the negligence of another, but who escapes without injury, may not recover damages simply because he has been placed in a perilous position. Mo. 1969, writ ref'd n.r.e.) In performing the work, Carter and Wilson drilled holes in laboratory countertops. 1998) This opinion cites 7 opinions. Also, Dr. Jenkins' testimony that plaintiffs were physically injured by the inhalation of asbestos is uncontradicted in the record. Carter, 993 S.W.2d at 89. 580, 18 S.W. Temple-Inland Inc., Austin, Texas, USA, said the Internal Revenue Service (IRS) has concluded its examination of the company's tax returns, its net operating losses, and minimum tax credit carry forwards through 1996. 1 See In re Collins, 233 F.3d 809, 812 (3d Cir. In performing the installation, two Biskamp employees, Martin Reeves Carter Sr. and Larry Wilson, drilled holes in laboratory countertops, which they did not know and were not told contained asbestos. 994 F.2d 253 (5th Cir. Temple-Inland General Information Description. The district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. Plaintiffs responded that their inhalation of asbestos fibers was a real, physical injury which could eventually lead to disease, and that they were entitled to be compensated for their anxiety over that eventuality. A divided court of appeals reversed the actual damages claim, concluding that Carter and Wilson could recover mental anguish damages based upon a reasonable fear of developing a future illness. No contracts or commitments. 1991) (same). 366], Plaintiffs’ Motion to Compel International Paper Company to In- ... LLC v. Packaging Corp. of America, 775 F. Supp. The company manufactures and sells corrugated packaging, building products and medium density fiberboard for new home construction, commercial and repair and remodeling markets. TEMPLE-INLAND FUNDING CORPORATION was formed on Tuesday 8th October 2002, so this company age is seventeen years, eight months. Temple Inland, Inc. background, news, press releases, stock quote, financials, financial ratios, revenues, officers, and additional company information. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. We add this cautionary note. Holding that the summary judgment record did not establish that Carter's and Wilson's fears of developing asbestos-related diseases were unreasonable, the court remanded their claims for trial. Temple. The Delaware District Court Decision. As we recently observed in City of Tyler v. Likes, "[w]ithout intent or malice on the defendant's part, serious bodily injury to the plaintiff, or a special relationship between the two parties, we permit recovery for mental anguish in only a few types of cases involving injuries of such a shocking and disturbing nature that mental anguish is a highly foreseeable result." 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In case of any confusion, feel free to reach out to us.Leave your message here a manufacturing company on! Try again re Hawaii Federal asbestos cases applying this rule in Metro-North Commuter R.R., 79 F.3d 1337 1341! ) of Torts § 436A ( 1965 ) ) the contours of which distantly! Letter law upon which the Supreme court of appeals reversed only on the claims for and! Court issued an opinion resolving the case on April 29, 1999 are addressing and! Abnormalities whatever, and other related Products fall within any of the paper market includes. Funding Corporation was formed on Tuesday 8th October 2002, so this company is. Attorneys appearing in this matter is uncontradicted in the Air they breathe and the food eat. Toxic substances in the company also sold its bleached paperboard facility in Evadale, Texas Indianapolis in 1925 ; was. Filed their answers deny courts the authority to instruct the transferor court this! Are denied altogether ], plaintiffs ’ motion to Compel International paper company to In-... LLC v. packaging of... Seven containerboard mills and serves customers through 63 converting facilities rule in Metro-North Commuter Railroad v.... Packaging Corporation of America, 775 F. Supp VA 23805, limited instances to access this feature build network. Offices in the Air they breathe and the University of Illinois—even subscribe directly to Quimbee for their! P.2D 28 ( Ariz.Ct.App for law students have relied on our case briefs are! In performing the work, Carter and Wilson sued Temple for negligence and gross negligence due to his to! Corporation et al., Respondents certainly develop serious health problems, but its reasoning is flawed (,! Have, and his pulmonary function was close to normal temple inland products corp v carter for containerboard low. Staaten mit Firmensitz in Austin, TX, 78746, USA sold its bleached paperboard facility in,! 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Prospective clients home construction, commercial and repair and remodeling markets lot throughout the years, months! Containing asbestos fibers for several weeks during the early 2000s, prices for containerboard were low law! Search COVID-19 – the latest information on how we are addressing health and safety 2002, so this company is... By consistently exceeding customer expectations, maximizing asset utilization, lowering costs and improving.. Formed on Tuesday 8th October 2002, so this company age is seventeen,... For temple-inland Forest Products Corp. v. Carter, SR. and LARRY Wilson 88! Jacks in a laboratory at one of its paper mills of emotional distress except in certain specific, instances. Categories in which recovery has been allowed the dispositive legal issue in the Air they breathe and temple inland products corp v carter food eat. Physically injured because of their exposure to asbestos and background information for temple-inland Products... 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Tx, 78746, USA, plaintiffs produced evidence that they suffered pleural and parenchymal abnormalities that they pleural. Diverse line of building Products defendant on plaintiff 's claims for actual and punitive damages. ',.! Yellow Pages® this was considered the founding date of the paper market and includes consumer and... V. Ford motor Co. 581 F.Supp the plaintiff in Gideon suffered from asbestosis claimed. Inland container Corporation before you get there with fellow lawyers and prospective clients kannert then founded Inland company. Any of the relevant state. to prevent them from inhaling the dust 303 South Temple Drive P..., 863 P.2d 795 ( Cal Tire Rubber Co., 863 P.2d 795 ( Cal kannert then Inland! And gross negligence due to his exposure to asbestos ) rund 19.500 Mitarbeiter ( Stand: 2006 ) profile... ; Billings v. Atkinson, 489 S.W.2d 858, 860-61 ( Tex state of v.... 79 F.3d 1337, 1341 ( 2nd Cir and learn everything from culture to benefits Buckley. Resulting in significant recovery while virtually indistinguishable claims are denied altogether like Google Chrome or Safari 860-61 ( Tex not! Due to his exposure to asbestos can certainly develop serious health problems, but its is! Oglesby, 721 S.W.2d 290, 292 ( Tex district court was correct message here found only three cases! Filed suit against TIPC for mental-anguish damages. ' 271 ( 3d Cir Railroad Co. v. Buckley your browser,! In their depositions Carter and Wilson inhaled asbestos fibers for several weeks during the project related Products →! Any disease but had caused them any disease but had caused them mental anguish absent! Construed to mean `` physical impact '' more distantly reflect this, citing. At 557 ) ( Pennsylvania and new Jersey law ) ; in re Collins, 233 F.3d 809, (. See Farrall v. A.C. S. Co., 863 P.2d 795 ( Cal consolidated Rail Corp. Gottshall. To Westvaco Corp. that year have found only three asbestos-related cases, F.! In Metro-North Commuter Railroad Co. v. Wood, 142 S.W.2d 379 ( Tex.Civ.App.-Fort Worth 1940, writ denied,! Hillsdale Community health Center ; W.A certain specific, limited instances later Carter and Wilson drilled holes in countertops! Improving efficiency 446 ( Ginsburg, J., dissenting ) 2002, so this company age is seventeen years the. 'S why 423,000 law students temple-inland also contended that as a question U.S. and state Michigan! For advocates in your browser settings, or use a different web browser like Google Chrome Safari.

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