[DOWNLOAD] "Adkins v. Gaf Corp." by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free

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eBook details

• Title: Adkins v. Gaf Corp.
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 23, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This appeal by the defendant-appellant Asbestos Corporation, Ltd. (ACL) follows a judgment and award of damages to the plaintiffs-appellees Curtis Adkins and Mary Adkins (Adkins). The stock of ACL is owned by a Canadian crown corporation, and, thus, ACL is an instrumentality of a foreign government and not subject to jury trials in the United States. 28 U.S.C. § 1603; 28 U.S.C. § 1303. Since various claims were submitted to the jury with respect to the other defendants-appellees who were subject to jury trials, the trial court decided to submit all issues with respect to ACL to the jury on an advisory basis. The jury returned a special verdict in favor of Adkins and against ACL. The trial court adopted the advisory jurys verdict and entered its findings of fact and conclusions of law. It also adopted, without elaboration, the advisory jurys damages award. For the reasons that follow, we affirm the trial courts determination of ACLs liability, but vacate and remand the damages award for findings of fact and conclusions of law pursuant to Fed.R.Civ.P. 52(a).

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