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In Re Joint Eastern and Southern District Asbestos Litigation. In Re Keene Corporation. Keene Corporation v. Joseph Fiorelli Victor E. Dacey Leonard Saks Michael Moe X Corporation Z Corporation Asbestos Corporation, and All Others Similarly Situated, Robert G. Carlisle Regis C. Coll Francis S. Hanna Harry Harbacho Helen Kane Sharon A. Mowry, Administratrix of the Estate of Andy Yuschak, Kansas City, Missouri Martha Boring, of the Estate of Wilbur J. Boring, Deceased Veronica A. Fox, Administratrix of the Estate of Joseph F. Fox, Deceased Avanell Gallagher, Administratrix of the Estate of Joseph J. Gallagher, Deceased William C. Gorzelsky Elizabeth Gorzelsky, His Wife Ethel Grove, Administratrix of the Estate of Charles G. Grove, Deceased Dorothy Kawchak, of the Estate of Mike Kawschak, Deceased Nick Kosjer Mary Kosjer, His Wife Rosemary Luprek, Administratrix of the Estate of Steve J. Luprek, Deceased Leola March, Administratrix of the Estate of Charles March, Deceased Helen R. Petruska, Administratrix of the

Citations: 14 F.3d 726; 1993 U.S. App. LEXIS 31468Docket: 93-7842

Court: Court of Appeals for the Second Circuit; November 30, 1993; Federal Appellate Court

Narrative Opinion Summary

This case involves Keene Corporation's appeal in the United States Court of Appeals for the Second Circuit concerning a class action related to asbestos claims. Keene, facing extensive asbestos litigation, sought to establish a mandatory limited-fund class action under Fed. R. Civ. P. 23(b)(1)(B) to manage its liabilities and avoid bankruptcy. Judge Weinstein originally granted a preliminary injunction and certified the class; however, the appellate court vacated this order, citing a lack of a legitimate case or controversy under Article III. Keene's complaint centered on creating a settlement class but failed to allege legal harm necessary to establish jurisdiction. The court found that the complaint was an improper attempt to resolve creditor rights outside the bankruptcy framework, leading to a dismissal for lack of subject matter jurisdiction. The decision underscores the constitutional requirement for a justiciable controversy and the limitations of using class action mechanisms as a substitute for bankruptcy proceedings. Consequently, the appellate court vacated the district court's orders, emphasizing adherence to established statutory frameworks for resolving such disputes.

Legal Issues Addressed

Article III Case or Controversy Requirement

Application: The court determined that Keene Corporation's attempt to establish a settlement class did not constitute a legitimate case or controversy under Article III, as the complaint lacked allegations of legal harm that could be redressed by the court.

Reasoning: The court found that the claim for a settlement lacked a legitimate case or controversy as defined by Article III, leading to the vacation of the injunction and dismissal of the complaint.

Declaratory Judgment Act and Subject Matter Jurisdiction

Application: The request for a declaratory judgment by Keene Corporation was found insufficient to establish subject matter jurisdiction, as it did not present a justiciable controversy required by the Declaratory Judgment Act.

Reasoning: Keene's argument for non-liability based on a potential settlement with claimants is circular; the assumed settlement is a prerequisite for the declaration of non-liability, which cannot exist in absence of the settlement.

Limitations on Judicial Power and Evasion of Bankruptcy

Application: The court emphasized that statutory frameworks cannot be disregarded for more efficient alternatives, as Keene's approach resembled a bankruptcy process without adhering to bankruptcy procedures.

Reasoning: The court emphasizes that it cannot disregard statutory frameworks for more efficient alternatives. The complaint in this case was dismissed for lack of subject matter jurisdiction.

Mandatory Limited-Fund Class Action Certification under Fed. R. Civ. P. 23(b)(1)(B)

Application: The court reviewed the certification of a mandatory limited-fund class action for present and future asbestos claimants against Keene Corporation, ultimately finding the lack of a legitimate case or controversy, leading to the dismissal of the complaint.

Reasoning: An appeal was made against Judge Weinstein's order granting a preliminary injunction and certifying a mandatory limited-fund class action under Fed. R. Civ. P. 23(b)(1)(B) for all individuals with present or future asbestos claims against Keene Corporation.

Preemption of State Law Claims by Bankruptcy Code

Application: Keene's complaint, seeking to adjust creditors' rights outside of bankruptcy, was viewed as an attempt to evade the Bankruptcy Code, highlighting potential preemption issues.

Reasoning: Keene's argument against the exclusive legal framework established by Congress for debtors seeking relief is fundamentally flawed, as it would enable other debtors to sidestep the Bankruptcy Code through mandatory class actions.