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Minnesota Personal Injury Asbestos Cases v. Keene Corp.

Citations: 481 N.W.2d 24; 1992 Minn. LEXIS 32; 1992 WL 24165Docket: Nos. C8-91-954, CX-91-955

Court: Supreme Court of Minnesota; February 13, 1992; Minnesota; State Supreme Court

Narrative Opinion Summary

In the case involving Keene Corporation's petition against the consolidation of eleven asbestos-related personal injury cases, the Minnesota court addressed the procedural propriety of combining these cases under Minn.R.Civ. P. 42.01 due to shared legal and factual questions. The cases, originally filed in three different counties, were ordered to be consolidated by the Hennepin County District Court to enhance judicial efficiency and consistency. Keene Corporation challenged this consolidation, claiming it contradicted Minnesota statutes and an administrative order favoring trials in the original counties. However, the court upheld the trial court's discretion, noting that consolidation was appropriate given the commonality of issues, shared legal representation, and the use of the same medical experts. The court also supported the change of venue, citing Minn.Stat. 542.11(4), as it served witness convenience and justice. The denial of the writ of prohibition reflects the court's view that such consolidation decisions should be reviewed on appeal following a final judgment rather than through interlocutory prohibition writs. The case highlights the complexities of asbestos litigation and underscores the court's role in managing a significant number of pending asbestos claims in both state and federal courts.

Legal Issues Addressed

Appealability of Consolidation Orders

Application: The court ruled that consolidation decisions are typically reviewed on appeal after a final judgment, not through a writ of prohibition.

Reasoning: The court emphasizes the trial court's broad authority in managing proceedings and indicates that review of consolidation decisions should typically occur on appeal after a final judgment.

Change of Venue under Minn.Stat. 542.11(4)

Application: The trial court's decision to change the venue of nine actions was upheld, as it promoted witness convenience and justice.

Reasoning: The court disagrees, stating that the trial court can change venue to promote witness convenience and justice, as supported by Minn.Stat. 542.11(4).

Consolidation of Cases under Minn.R.Civ. P. 42.01

Application: The court applied Minn.R.Civ. P. 42.01 to consolidate eleven personal injury asbestos cases due to common legal and factual issues.

Reasoning: The trial court's order to consolidate the cases, which originated in three different counties, is supported by Minn.R.Civ. P. 42.01, allowing for consolidation when common legal or factual issues exist.

Judicial Discretion in Case Consolidation

Application: The court determined that the trial court did not abuse its discretion in consolidating the cases, despite differing medical histories and diagnoses among plaintiffs.

Reasoning: The court noted that the decision to consolidate will only be overturned if there is an abuse of discretion.