RECENT FEDERAL DECISIONS

April 2004

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Third Circuit Holds Prudential Insurance Failed to Establish RICO Claim against Asbestos Manufacturers and Sellers
Prudential Insurance Company of America v. National Gypsum Company

Prudential Insurance Company—one of the largest life, property, and casualty insurers in the world—has been facing hundreds of millions of dollars of asbestos costs itself for the properties that are owned and operated by Prudential. As Prudential’s asbestos remediation costs escalated in the 1980s, Prudential took affirmative action and had pursued claims in other actions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as well as a number of other legal theories.