United States Eleventh Circuit

In appeal involving asbestos property damage claims by appellee city that the claims administrator of the Asbestos Settlement Trust allowed but the trustees refused to pay, summary judgment for appellee city is affirmed as the administrator has the power to control the trustees' actions in regard to the payment of asbestos property damage claims. However, as to one illustrative claim, appellee city has failed to submit the requisite "Reasonable Evidence" to present a legally viable cause of action under New York law.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• BRUNETTI, Circuit Judge:, Before BIRCH, CARNES and BRUNETTI, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jeffrey W. Warren, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, for Appellant., John W. Kozyak, Kozyak, Tropin & Throckmorton, P.A., Coral Gables, FL, Elihu Inselbuch, Caplin & Drysdale, Chartered, New York City, Marilyn A. Kueper, Ill. Atty. Gen. Office, Springfield, IL, Albert G. Lauber, Caplin & Drysdale, Chartered, Washington, DC, for Amici Curiae.


• For Appellees:
  
• Alan H. Kleinman, New York City Law Dept., New York City, for Appellee.