Hardy v. Johns-Manville Sales Corp.,

681 F.2d 334 (5th Cir. 1982)

Facts

This was an asbestos suit. The district court entered a collateral estoppel order that certain issues had already been determined in P's favor by a judgment for unrelated plaintiffs against six manufacturers of asbestos in the Borel suit. The court construed Borel as establishing that insulation products containing asbestos as a generic ingredient are unavoidably unsafe products, that asbestos is a competent producing cause of mesothelioma and asbestosis, that no warnings were issued by any asbestos insulation manufacturers prior to 1964, and that the warning standard was not met by Borel defendants in the period from 1964 to 1969. Ds appealed in that Borel did not necessarily decide that asbestos-containing insulation products were unreasonably dangerous because of a failure to warn.