NAMIC Amicus Curiae Center

NAMIC’s advocacy efforts are not limited to legislative and regulatory issues. NAMIC is frequently involved in state and federal court cases in the role of amicus curiae – friend of the court.

Requests for NAMIC’s participation in lawsuits may come from member companies, state trade associations, other national insurance trade associations or other organizations with whom NAMIC and its member companies share common interests and concerns. NAMIC files amicus curiae briefs jointly with other organizations on many occasions but also files alone on its own behalf when appropriate.

While it is not possible to participate in every case that is brought to NAMIC’s attention each year, NAMIC attempts to select those cases that are most likely to have an impact on its member companies. Issues of national importance are given priority but state-specific issues are also addressed in briefs on behalf of NAMIC members in selected cases.

The following compilation of cases begins with litigation first brought to NAMIC’s attention in 2005. The cases are displayed in two lists – open and closed – and cases are listed alphabetically by case name. Basic information about each case is provided along with links to the NAMIC brief, if available. For closed cases, a brief description of the decision and a link to that decision (where available) are also provided.

If the reader needs additional information relating to any case that is shown, NAMIC staff will do its best to provide that information.

NAMIC AMICUS CURIAE RECORD

Case Name: DiCenzo, et al. v A-Best Products, Inc., et al.

Open or Closed? Open

Date of Request: 8-20-07

Source of Request: Coalition for Litigation Justice – Mark Behrens

Jurisdiction, Court and Cause Number: Supreme Court of Ohio No. 07-1628

Type of Issue: Asbestos – retroactive application of strict liability

Type of Policy: NA

Amicus Attorney:
Mark A. Behrens
(202) 783-8400
Shook, Hardy & Bacon, LLP
600 14th Street, NW, Suite 800
Washington, DC 20005

Other Parties Participating in this Brief: Coalition for Litigation Justice; National Federation of Independent Business Legal Foundation; National Association of Wholesaler-Distributors; Chamber of Commerce of the U.S.; AIA; PCI; and American Chemistry Council

Date Brief Filed: 2-22-08

Additional Comments: Oral argument held 6-4-08

Date: 7-08-08

NAMIC AMICUS CURIAE RECORD

Case Name: In re Allstate Insurance Company, Allstate Indemnity Company and Allstate Texas Lloyds

Open or Closed? Closed

Date of Request: 10-05

Source of Request: Allstate

Jurisdiction, Court and Cause Number: Texas 3rd Court of Appeals, No. 03-05-0695

Type of Issue: Additional living expense claims (Hurricane Rita)

Type of Policy: Homeowners

Amicus Attorney:
Scott D. Powers, (512) 322-2500
Baker Botts
1500 San Jacinto Center, 98 San Jacinto Blvd., Austin, TX 78701

Other Parties Participating in this Brief: AIA, PCI, Insurance Council of Texas, Association of Fire & Casualty Companies of Texas, RAA

Date Brief Filed: 11-3-05

Decision and date: 4-17-06 Case dismissed on motion of all parties

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Baughman v. State Farm Mutual Automobile Ins. Co.

Open or Closed? Closed

Date of Request: 1-26-06

Source of Request: Ohio Insurance Institute; State Farm

Jurisdiction, Court and Cause Number: Supreme Court of Ohio [Court of Appeals Number CA-22204], No. 2006-0279

Type of Issue: Uninsured/underinsured motorist coverage

Type of Policy: Private passenger auto

Amicus Attorney:
Baker & Hostetler, LLP
Capitol Square, Suite 2100
65 East State Street
Columbus, OH 43215

Other Parties Participating in this Brief: Ohio Insurance Institute

Date Brief Filed: 2-06

Decision and date: Appeal dismissed (upon joint application of parties) 5-1-07

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Elmer BUENTE, et al. v. Allstate

Open or Closed? Closed

Date of Request: 1-06

Jurisdiction, Court and Cause Number: U.S. District Court, Southern District of Mississippi, No. 1:05CV712-LTS-JMR

Type of Issue: Flood exclusion

Type of Policy: Homeowners

Amicus Attorney:
Dan W. Webb, (662) 844-2137
Webb, Sanders & Williams, PLLC
363 N. Broadway, P. O. Box 496
Tupelo, MS 38802

Other Parties Participating in this Brief: AIA and PCI

Date Brief Filed: 2-24-06

Decision and date: 4-11-06 Positive result; flood exclusion ruled enforceable.

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Country Mutual Insurance Company v. Livorsi Marine, Inc.

Open or Closed? Closed

Date of Request: 7-14-05

Source of Request: Country Mutual Insurance Co.

Jurisdiction, Court and Cause Number: Illinois Supreme Court, No. 99807

Type of Issue: Late notice of law suit to insurer by insured

Type of Policy: CGL

Amicus Attorney:
R. Mark Miflin, (217) 525-1571
Giffin, Winning, Cohen & Bodewes, PC
One West Old State Capitol Plaza, Suite 600
Springfield, IL 62701

Other Parties Participating in this Brief: Illinois Insurance Association

Date Brief Filed: 11-22-05

Decision and date: 5-18-06 Favorable decision.

Further Activity and/or Appeal: Rehearing denied 9-25-06

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Davidson v. Slater

Open or Closed? Closed

Date of Request: 3-16-06

Source of Request: Insurance Council of New Jersey

Jurisdiction, Court and Cause Number: Supreme Court of New Jersey No. 58,769

Type of Issue: No-fault verbal threshold and previous injuries

Type of Policy: Private passenger auto

Amicus Attorney:
Susan Stryker, (609) 392-2100
Sterns & Weinroth
50 W. State St., #1400
P. O. Box 1298
Trenton, NJ 08607-1298

Other Parties Participating in this Brief: Insurance Council of New Jersey, AIA & PCI

Date Brief Filed: 5-3-06

Decision and date: 1-30-07 Unfavorable result: plaintiff was under no obligation to produce a comparison of current injuries to prior injuries to same body part.

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Austin ELLIOTT, et al. v. Allstate Insurance Company

Open or Closed? Closed

Date of Request: 2-5-07

Source of Request: Insurance Institute of Indiana

Jurisdiction, Court and Cause Number: Indiana Supreme Court No. 49S02-0704-CV-143

Type of Issue: Uninsured motorist coverage – emotional distress as bodily injury

Type of Policy: Private passenger auto

Amicus Attorney:
Bryan H. Babb, (317) 684-5000
Bose McKinney & Evans
2700 First Indiana Plaza, 135 N. Pennsylvania
Indianapolis, IN 46204

Other Parties Participating in this Brief: Insurance Institute of Indian & PCI

Date Brief Filed: 2-9-07

Decision and date: 2-28-08 Unfavorable result; “bodily injury” includes emotional distress

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Howard ENGLE, M.D., et al. v. Liggett Group, Inc.

Open or Closed? Closed

Date of Request: 8-3-06

Source of Request: Coalition for Litigation Justice – Mark Behrens

Jurisdiction, Court and Cause Number: Supreme Court of Florida No. SC03-1856

Type of Issue: Class action certification

Type of Policy: NA

Amicus Attorney:
John Beisner, (202) 383-5370
O’Melveny & Myers, LLP
1625 Eye Street, NW
Washington, DC 20006

Other Parties Participating in this Brief: Chamber of Commerce of U.S.; American Chemistry Council; Florida Restaurant & Lodging Association; National Association of Manufacturers; National Association of Wholesaler-Distributors; AIA; ATRA; Associated Industries of Florida; Coalition for Litigation Justice; and Florida Chamber of Commerce

Date Brief Filed: 8-14-06

Decision and date: 12-21-06 (revised opinion); Favorable decision on rehearing – class decertified.

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Florida Farm Bureau Casualty Ins Co v. Cox

Open or Closed? Closed

Date of Request: 1-9-07

Source of Request: AIA (Eric Goldberg)

Jurisdiction, Court and Cause Number: Supreme Court of Florida, No. SC06-2494

Type of Issue: Valued policy law and flood exclusion

Type of Policy: Homeowners

Amicus Attorney:
Elizabeth McArthur, (850) 425-6654
Radey, Thomas, Yon & Clark
301 S. Bronough Street, #200
Tallahassee, FL 32301

Other Parties Participating in this Brief: AIA and PCI

Date Brief Filed: 2-07

Decision and date: 9-20-07; Positive result: Flood exclusion ruled valid; Mierzwa case disapproved.

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Long Island Radiology v. Allstate Insurance Company

Open or Closed? Closed

Date of Request: 7-20-06

Source of Request: AIA – Gary Henning

Jurisdiction, Court and Cause Number: Supreme Court of New York, Appellate Division
No. 2006-05943
Index No. 005513/05)

Type of Issue: Medical no-fault benefits – whether insurer may raise lack of Medical necessity

Type of Policy: Auto

Amicus Attorney:
Craig Berrington, (202) 719-7000
Wiley Rein LLP
1776 K Street, NW
Washington, DC 20006

Other Parties Participating in this Brief: AIA, PCI, New York Insurance Association, Inc.

Date Brief Filed: 8-24-06

Decision and date: 1-23-07 Favorable decision; lack of medical necessity may be raised by insurers.

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Unauthorized Practice of Law Committee v. American Home Assurance Company, Inc., et al.

Open or Closed? Closed

Date of Request: 7-05

Source of Request: AIA

Jurisdiction, Court and Cause Number: Supreme Court of Texas No. 04-0138

Type of Issue: Use of insurance staff defense attorneys

Type of Policy: NA

Amicus Attorney:
Katherine E. Giddings, (850) 425-1626
Akerman Senterfitt
106 East College Ave., #1200
Tallahassee, FL 32301

Other Parties Participating in this Brief: AIA, PCI and Texas Business Association

Date Brief Filed: 9-05

Decision and date: 3-28-08 Positive result; Supreme Court approved use of insurance company staff defense attorneys

Date: 7-2-08

NAMIC AMICUS CURIAE RECORD

Case Name: Arbino v. Johnson & Johnson, et al.

Open or Closed? Closed

Date of Request: 12-13-06

Source of Request: Mark A. Behrens

Jurisdiction, Court and Cause Number: Supreme Court of Ohio No. 06-1212

Type of Issue: Constitutionality of Ohio tort reform statute

Type of Policy: NA

Amicus Attorney
Mark A. Behrens and Victor E. Schwartz
(202) 783-8400
Shook, Hardy & Bacon, LLP
600 14th Street, NW, Suite 800
Washington, DC 20005

Other Parties Participating in this Brief: National Federation of Independent Business Legal Foundation; Chamber of Commerce of U.S.; National Association of Manufacturers; ATRA; PCI; American Chemistry Council

Date Brief Filed: 12-15-06

Decision and date: 12-27-07; Favorable decision: Caps on noneconomic and punitive damages are constitutional

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: Atlantic Mutual Ins Co v. Abrohams

Open or Closed? Closed

Date of Request: 1-10-07

Source of Request: AIA – Jim Whittle

Jurisdiction, Court and Cause Number: Supreme Court of Georgia Case No. A06A1501

Type of Issue: Uninsured motorist coverage under personal umbrella where coverage was not specifically rejected.

Type of Policy: Personal umbrella

Amicus Attorney:
H. Andrew Own
(404) 688-2600
Owen, Gleaton, Egan, Jones & Sweeney, LLP
1230 Peachtree Street, Suite 1400
Atlanta, GA 30309

Other Parties Participating in this Brief: AIA, PCI

Date Brief Filed: 1-07; Decision and date: 2-5-07; Unfavorable result: Write of certiorari denied by Georgia Supreme Court; Motion for Reconsideration denied 3-27-07

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: J & J Farmer Leasing v Citizens Insurance Co

Open or Closed? Closed

Date of Request: 02-05

Source of Request: Auto-Owners Ins Co – Bill Woodbury

Jurisdiction, Court and Cause Number: Michigan Supreme Court No. 125818

Type of Issue: Bad faith failure to settle; are a covenant not to sue and a release distinguishable?

Type of Policy: NA

Amicus Attorney:
Lori McAllister and Kurt D. Gallinger
(517) 374-9150
Dykema Gossett, PLLC
800 Michigan Natioanl Tower
Lansing, MI 48933

Other Parties Participating in this Brief: Michigan Insurance Coalition; AIA

Date Brief Filed: 3-05

Decision and date: 5-24-05; Unfavorable result: covenant not to sue and release are distinguishable – covenant does not act as release and does not extinguish claim.

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: L-J, Inc. v. Bituminous Fire & Marine Ins Co.

Open or Closed? Closed

Date of Request: 3-2-05

Source of Request: Auto-Owners Insurance Co

Jurisdiction, Court and Cause Number: South Carolina Supreme Court No. 25854

Type of Issue: Whether CGL policy covered damage caused by faulty workmanship by contractor and its subcontractors in constructing a road.

Type of Policy: CGL

Amicus Attorney:
Sean A. Scoopmire
(864) 232-4400
Clarkson, Walsh, Rheney & Turner, PA
P. O. Box 6778
1164 Woodruff Road
Greenville, SC 29606

Date Brief Filed: 3-24-05

Decision and date: 9-26-05; Favorable decision; damage to road not an “occurrence” and no coverage provided under CGL.

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: Laughlin v Allstate Insurance Company

Open or Closed? Closed

Date of Request: 1-16-06

Source of Request: State Farm

Jurisdiction, Court and Cause Number: Washington Supreme Court

Type of Issue: Diminished value class action

Type of Policy: Auto

Amicus Attorney:
Melvin N. Sorensen
(206) 622-8020
Carney Badley Spellman, PS
700 Fifth Avenue, Suite 5800
Seattle, WA 98104-5017

Other Parties Participating in this Brief: PCI

Date Brief Filed: 1-06

Decision and date: Case settled: 3-7-08; Final judgment and order approving settlement and dismissing claims of class members with prejudice.

Further Activity and/or Appeal: Case settled – Allstate made payments to class members

Additional Comments: NAMIC also participated as amicus at Court of Appeals (where Allstate lost).

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: Philip Morris USA v Williams

Open or Closed? Closed

Date of Request: 6-06

Source of Request: State Farm

Jurisdiction, Court and Cause Number: Supreme Court of U. S. No. 05-1256

Type of Issue: Punitive damages: (1) imposition of punitive damages to punish the conduct of defendants with respect to nonparties; (2) improper application by Oregon supreme court of U. S. Supreme Court’s penalties guidepost as set out in Campbell.

Type of Policy: NA

Amicus Attorney:
Sheila Birnbaum
(212) 735-3000
Skadden, Arps, Slate, Meagher and Flom, LLP
Four Times Square
New Tork, NY 10036

Other Parties Participating in this Brief: AIA, PCI

Date Brief Filed: 7-28-06

Decision and date: 2-20-07; Favorable decision; Supreme Court held that punitive damages may not be awarded to punish defendants for conduct toward those outside of the litigation.

Further Activity and/or Appeal: On remand to Oregon Supreme Court, $79.5 million punitive damage award was once again upheld.

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: Sher v Lafayette Insurance Co., et al.

Open or Closed? Closed

Date of Request: 7-25-07

Source of Request: State Farm – Robert Kluchin

Jurisdiction, Court and Cause Number: Supreme Court of Louisiana No. 07-C-2441

Type of Issue: Ambiguity of flood exclusion (Katrina)

Type of Policy: Property (apartment building)

Amicus Attorney:
Dominic J. Ovella
(504) 836-6500
Hailey, McNamara, Hall, Larmann & Papale, LLP
One Galleria Boulevard, #1400
P. O. Box 8288
Metairie, LA 70011-8288

Other Parties Participating in this Brief: None

Date Brief Filed: 8-07; 12-07

Decision and date: 4-8-08; Favorable decision; Supreme Court ruled that flood exclusion was unambiguous.

Additional Comments: NAMIC participated in both intermediate appellate and Supreme Court cases.

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: Sonnier, et al. v. State Farm Mutual Automobile Ins Co

Open or Closed? Closed

Date of Request: 5-3-07

Source of Request: State Farm – Bob Nash

Jurisdiction, Court and Cause Number: U. S. Circuit Court of Appeals for the 5th Circuit, No. 07-30098

Type of Issue: Bad faith breach of contract – duty of auto insurer to inspect and test seatbelt system following any accident, even if seatbelts were not damaged. Proposed class action.

Type of Policy: Auto

Amicus Attorney:
Steven S. Fleischman
(213) 706-8000
Robie & Matthai
500 South Grand Avenue, 15th Floor
Los Angeles, CA 90071-2609

Other Parties Participating in this Brief: PCI

Date Brief Filed: 6-5-07

Decision and date: 12-6-07; Favorable decision: policy language does not include duty to pay for automobile inspections.

Date: 7-07-8

NAMIC AMICUS CURIAE RECORD

Case Name: State Farm v Kakupko, et al.

Open or Closed? Closed

Date of Request: 12-05-06

Source of Request: Insurance Institute of Indiana

Jurisdiction, Court and Cause Number: Indiana Supreme Court No. 29S02-0704-CV-140

Type of Issue: Negligent infliction of emotional distress and underinsured motorist coverage.

Type of Policy: Auto - UIM

Amicus Attorney:
Robert B. Clemens
(317) 684-5000
Bose McKinney & Evans
2700 First Indiana Plaza
135 North Pennsylvania Street
Indianapolis, IN 46204

Other Parties Participating in this Brief: Insurance Institute of Indiana and PCI

Date Brief Filed: 12-18-06

Decision and date: 2-28-06; Unfavorable result: Family members who witnessed father’s severe injuries and suffered emotional distress, though they were not physically injured, were entitled to separate “per person” limits of UIM coverage up to the “per accident” limit.

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: State of Rhode Island v Lead Industries Association, Inc.

Open or Closed? Closed

Date of Request: 1-7-08

Source of Request: Coalition for Litigation Justice – Mark Behrens

Jurisdiction, Court and Cause Number: Supreme Court of Rhode Island No. 07-121-A

Type of Issue: Expansion of public nuisance law and lead paint use.

Type of Policy: NA

Amicus Attorney:
Mark A. Behrens, (202) 783-8400
Shook, Hardy & Bacon, LLP
600 14th Street, NW, Suite 800
Washington, DC 20005

Other Parties Participating in this Brief: Coalition for Litigation Justice; National Association of Manufacturers; National Federation of Independent Business Legal Foundation; American Chemistry Council; AIA; American Tort Reform Association

Date Brief Filed: 1-30-08

Decision and date: 7-1-08; Favorable decision: Supreme Court reversed lower court decision holding lead pigment manufacturers liable for childhood lead poisoning.

Date: 7-07-08

NAMIC AMICUS CURIAE RECORD

Case Name: Citizens Property Insurance Corp. v Scylla Properties, LLC

Open or Closed? Closed

Date of Request: 9-05

Source of Request: State Farm

Jurisdiction, Court and Cause Number: Florida First District Court of Appeal No. 1D05-3480

Type of Issue: Valued policy law and flood exclusion (hurricane)

Type of Policy: Property

Amicus Attorney:
Liz Russo
(305) 666-4660
Russo Appellate Firm, PA
6101 Southwest 76th Street
Miami, FL 33143

Other Parties Participating in this Brief: State Farm Florida Insurance Company

Date Brief Filed: 9-30-05

Decision and date: 12-21-06; Case reversed for procedural reasons and remanded to trial court (merits of case not addressed).

Date: 7-08-08

NAMIC AMICUS CURIAE RECORD

Case Name: Markowitz v Serio

Open or Closed? Closed

Date of Request: 4-15-08

Source of Request: AIA – Dave Snyder

Jurisdiction, Court and Cause Number: New York Court of Appeals Index No. 404120/04

Type of Issue: Public access to zip code information filed by insurers with NY Department of Insurance

Type of Policy: NA

Amicus Attorney:
Craig Berrington
(202) 719-7000
Wiley Rein, LLP
1776 K Street, NW
Washington, DC 20006

Other Parties Participating in this Brief: AIA; PCI & New York Insurance Association, Inc.

Date Brief Filed: 4-08

Decision and date: 6-26-08; Unfavorable decision: Court of Appeals held in favor of public access but found that Freedom of Information Law applied and its standards must be met.

Additional Comments: NAMIC also participated in appeal to intermediate appellate court (Supreme Court, Appellate Division) and that appeal resulted in a decision in our favor; Appellate Division reversed the trial court and found that data was not available to the public.

Date: 7-08-07

NAMIC AMICUS CURIAE RECORD

Case Name: Paz, et al. v. Brush Engineered Materials, Inc., et al.

Open or Closed? Closed

Date of Request: 7-19-06

Source of Request: Coalition for Litigation Justice – Mark Behrens

Jurisdiction, Court and Cause Number: Mississippi Supreme Court No. 2006-FC-00771-SCT

Type of Issue: Asbestos – Certified question from U. S. Court of Appeals for 5th Circuit – whether Mississippi has adopted medical monitoring claims absent physical injury.

Type of Policy: NA

Amicus Attorney:
Mark A. Behrens
(202) 639-5621
Shook, Hardy & Bacon
Hamilton Square
600 14th Street, NW, Suite 800
Washington, DC 20005

Other Parties Participating in this Brief: Mississippi Manufacturers Association; Coalition for Litigation Justice; National Federation of Independent Business Legal Foundation; PCI; Chamber of Commerce of U.S.; American Tort Reform Association; American Chemistry Council; Pharmaceutical Research & Manufacturers of America; and National Association of Manufacturers

Date Brief Filed: 8-24-06

Decision and date: 1-04-07; Favorable result: Supreme Court continued to decline to recognize a medical monitoring cause of action absent a showing of physical injury and answered the 5th Circuit’s inquiry to that effect.

Date: 7-08-08

NAMIC AMICUS CURIAE RECORD

Case Name: Pflanz v. Merrill Foster

Open or Closed? Closed

Date of Request: 8-07

Source of Request: Insurance Institute of Indiana

Jurisdiction, Court and Cause Number: Indiana Supreme Court No. 36S01-0710-CV-425

Type of Issue: Statute of limitations for remediation of underground storage tank contamination

Amicus Attorney:
Richard K. Shoultz
(317) 237-0500
Lewis Wagner, LLP
501 Indiana Avenue, Suite 200
Indianapolis, IN 46202-6150

Other Parties Participating in this Brief: Insurance Institute of Indiana

Date Brief Filed: 8-10-07

Decision and date: 6-19-08; Unfavorable result; statute of limitations does not begin to run until remediation of property is complete.

Date: 7-08-08

NAMIC AMICUS CURIAE RECORD

Case Name: Radian Guaranty, Inc. v Whitfield, et al.

Open or Closed? Closed

Date of Request: 1-08

Source of Request: Washington Legal Foundation

Jurisdiction, Court and Cause Number: Supreme Court of United States (3rd Circuit Number: 05-5017)

Type of Issue: FCRA – definition of “willful” violation and 3rd Circuit’s holding that is inconsistent with current law (Safeco v Burr)

Amicus Attorney:
Daniel J. Popeo and Richard A. Samp
(202) 588-0302
Washington Legal Foundation
2009 Massachusetts Avenue, NW
Washington, DC 20036

Other Parties Participating in this Brief: Washington Legal Foundation; AIA; PCI

Date Brief Filed: 1-28-08

Decision and date: 6-9-08; Favorable decision; Judgment vacated and case remanded to U. S. Court of Appeals for 3rd Circuit with instructions to dismiss the case as moot.

Date: 07-08-08

NAMIC AMICUS CURIAE RECORD

Case Name: Sales v Weyerhaeuser

Open or Closed? Closed

Date of Request: 7-30-07

Source of Request: Coalition for Litigation Justice – Mark Behrens

Jurisdiction, Court and Cause Number: Washington Supreme Court No. 80472-9

Type of Issue: Asbestos: Forum non conveniens – whether trial court may condition forum non conveniens dismissal on defendant waiving the right to remove case to federal court once the case is in the alternate forum

Amicus Attorney:
Mark A. Behrens
(202) 639-5621
Shook, Hardy & Bacon
Hamilton Square
600 14th Street, NW
Washington, DC 20005

Other Parties Participating in this Brief: Coalition for Litigtion Justice; Chamber of Commerce of U.S.; PCI; AIA; and American Chemistry Council

Date Brief Filed: 8-07

Decision and date: 2-7-08; Unfavorable decision: Court on remand was required to consider the effect of removal by defendants to federal court.

Date: 7-08-08

Posted: Thursday, July 31, 2008 12:00:00 AM. Modified: Monday, March 07, 2011 11:17:39 PM.