Allisa Gay v. A.O. Smith Corporation, et al
Original Case: 2:19-cv-01311
| Third Circuit U.S. Court of Appeals | |
| Case #: | 0:23-cv-01907 |
| Type | civil / private / federal question |
| Nature of Suit | 368 Torts - Personal Injury - Asbestos Personal Injury Product Liability |
| Case Filed: | May 22, 2023 |
| Terminated: | Jun 01, 2023 |
| Last checked: Friday Jun 02, 2023 4:53 AM EDT |
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Defendant - Appellee
GENERAL ELECTRIC CO
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Represented By
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Plaintiff - Appellant
ALLISA D. GAY, Executrix of the Estate of Carl E. Gay
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Represented By
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| Docket last updated: 06/02/2023 4:53 AM EDT |
| Monday, May 22, 2023 | ||
| RECORD available on District Court CM/ECF. (CJG) | ||
| CIVIL CASE DOCKETED. Notice filed by Appellant Allisa D. Gay in District Court No. 2-19-cv-01311. (CJG) | ||
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Civil Case Docketed
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District Court Judgment 03/03/22
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District Court Order 03/03/22
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Att: 4
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District Court Memorandum Order 04/21/22
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District Court Order 04/21/22
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Case Caption
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Att: 7
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Case Opening Letter
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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)
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ECF FILER: ENTRY OF APPEARANCE from Bryan S. Neft on behalf of Appellee(s) General Electric Company. 23-1907 (BSN)
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ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee General Electric Co. 23-1907 (BSN)
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