DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043386P.pdf 04/18/2006 Conwed Corp. v. Union Carbide Corp.
U.S. Court of Appeals Case No: 04-3386
and No: 04-3855
District of Minnesota
[PUBLISHED] [Colloton, Author, with Riley and Heaney, Circuit Judges]
Civil case - torts. Jury verdict finding Union Carbide's warnings on
its asbestos products were reasonably adequate in trial concerned with
question of whether the asbestos caused the victims' mesothelioma did
not collaterally estop plaintiff from contesting whether the warnings were
adequate in a second trial concerned with the question of whether the
asbestos caused a different set of victims' asbestosis; district court
correctly determined that the jury's allocation of fault between the
employer and Union Carbide should apply to the lesser of the benefits
paid or the jury verdict; district court did not err in finding employer
is not precluded from recovering permanent disability benefits in its
subrogation action; evidence was sufficient to support award for loss of
future earnings; district court did not err in finding employer could
recover any benefits it expected to pay in the future based on existing
conditions, including any benefits payable for existing conditions
projected to worsen