Allisa Gay v. A.O. Smith Corporation, et al
| ALLISA D. GAY, Executrix of the Estate of Carl E. Gay |
| GENERAL ELECTRIC CO |
| 23-1907 |
| May 22, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Asbestos Pers Injury-Prod.Liab. |
Docket Report
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Filing 7
ORDER (Clerk) dismissing case pursuant to Fed. R. App. P. 42(b). (CJG) [Entered: 06/01/2023 03:10 PM]
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| Filing 6 ECF FILER: Stipulation to Dismiss Case pursuant to Fed. R. App. P. 42(b) filed by Appellant Allisa D. Gay and Appellee General Electric Co without costs. Certificate of Service dated 06/01/2023. Service made by ECF. [23-1907] (JTS) [Entered: 06/01/2023 02:47 PM] |
| Filing 5 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee General Electric Co. [23-1907] (BSN) [Entered: 05/22/2023 01:43 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Bryan S. Neft on behalf of Appellee(s) General Electric Company. [23-1907] (BSN) [Entered: 05/22/2023 01:41 PM] |
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Filing 3
ORDER (Clerk) It is not clear that there has been an appealable "final decision[]" within the meaning of 28 U.S.C. Section 1291. Many defendants were dismissed merely without prejudice. See Borelli v. City of Reading, 532 F.2d 950, 951 (3d Cir. 1976). The claims against another defendant Dravo Corporation appears to never have been adjudicated. See Aluminum Co. of Am. v. Beaser E., Inc., 124 F.3d 551, 557 (3d Cir. 1997) ("[T]here is no final order if claims remain unresolved and their resolution is to occur in the district court."). Other defendants CertainTeed Corporation, Ingersoll-Rand Corporation, and Trane U.S. Inc. were not addressed apparently because they filed bankruptcy petitions. See Bhatla v. U.S. Capital Corp., 990 F.2d 780, 786 (3d Cir. 1993); Kramer v. Cash Link Sys., 652 F.3d 840, 841 (8th Cir. 2011). Finally, it is not clear that all crossclaims claims were expressly adjudicated. See Owens v. Aetna Life & Casualty Co., 654 F.2d 218, 220 n.2 (3d Cir. 1981). All parties participating in this appeal must file written responses addressing this Court's jurisdiction within 14 days of this order. (CJG) [Entered: 05/22/2023 10:28 AM]
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| Filing 2 RECORD available on District Court CM/ECF. (CJG) [Entered: 05/22/2023 10:22 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Allisa D. Gay in District Court No. 2-19-cv-01311. (CJG) [Entered: 05/22/2023 10:19 AM] |
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