United States Third Circuit

In plaintiff-insurer's action seeking a declaration in federal court that it was not obligated to cover any claims asserted against its insured, a raw food producer, by a manufacturer, denial of manufacturer's motion to leave to assert various crossclaims against the insured is affirmed where: 1) the district court did not abuse its discretion in denying the manufacturer's request with respect to the products liability claim as the New Jersey Supreme Court predictably would hold that the product liability crossclaim for what is clearly economic loss sounds in contract is therefore barred by the economic loss doctrine; 2) the district court did not abuse its discretion in denying the manufacturer's request for leave to assert an express indemnification crossclaim; and 3) district court's holding that the manufacturer failed to state an implied indemnification claim for third-party damages is affirmed.

Appellate Information

• Argued 12/02/2009
• Decided 02/05/2010
• Published 02/05/2010

Judges

• Before FISHER, HARDIMAN and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert G. Rose (Argued), Day Pitney, Morristown, NJ, for Appellant, International Flavors & Fragrances Inc.


• For Appellees:
  
• Frank E. Borowsky, Jr. (Argued), Michael J. Frantz, Jr., Borowsky & Borowsky, Shrewsbury, NJ, for Appellee, The Travelers Indemnity Company., Peter M. Bouton, William H. Mergner, Jr. (Argued), Leary, Bride, Tinker & Moran, Cedar Knolls, NJ, for Appellee, Dammann & Co., George A. Prutting, Jr. (Argued), Prutting & Lombardi, Audubon, NJ, for Third Party Appellee, Cooperative Business International, Inc., Richard D. Millet, Richard D. Millet & Associates, Bridgewater, NJ, for Third Party Appellee, Nationwide Mutual Ins. Co.