Anderson v. Cryovac
Encyclopedia
Anderson v. Cryovac was a landmark federal case concerning toxic contamination in Woburn
, Massachusetts
. The book A Civil Action
documents the case and surrounding issues. The book was made into a film in 1998, starring John Travolta
as Jan Schlichtmann
, was loosely based on the case and related events.
Residents brought action against operator of tannery to recover for personal injuries allegedly sustained through contamination of municipal water wells by toxic solvents. The United States District Court for the District of Massachusetts, Walter Jay Skinner, J., denied residents' motion for relief from judgment in favor of tannery operator, and residents appealed. The Court of Appeals, 862 F.2d 910, remanded with directions. On remand, the District Court, 127 F.R.D. 1, found that rebuttable presumption existed that tannery operator's nondisclosure of report substantially impaired trial preparation. Subsequently, the District Court, 129 F.R.D. 394, recommended that its earlier denial of motion for relief from judgment be sustained. The Court of Appeals, Selya, Circuit Judge, held that: (1) district court did not abuse its discretion by determining that operator's failure to disclose report during pretrial discovery did not warrant relief from judgment; (2) district court did not abuse its discretion in determining that operator's nondisclosure of report was roughly equivalent to residents' improper continuation of prosecution of their claim, and thus that monetary sanctions should not be imposed upon either party; and (3) operator's nondisclosure of report did not constitute “fraud on the court” which would trigger entry of default.
Woburn, Massachusetts
Woburn is a city in Middlesex County, Massachusetts, USA. The population was 38,120 at the 2010 census. Woburn is located north of Boston, Massachusetts, and just south of the intersection of I-93 and I-95.- History :...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
. The book A Civil Action
A Civil Action
A Civil Action is a 1998 American drama film starring John Travolta and Robert Duvall, based on the book of the same name by Jonathan Harr...
documents the case and surrounding issues. The book was made into a film in 1998, starring John Travolta
John Travolta
John Joseph Travolta is an American actor, dancer and singer. Travolta first became known in the 1970s, after appearing on the television series Welcome Back, Kotter and starring in the box office successes Saturday Night Fever and Grease...
as Jan Schlichtmann
Jan Schlichtmann
Jan Richard Schlichtmann is an American attorney specializing in personal injury law and toxic torts. He was educated at the University of Massachusetts Amherst, B.A., and Cornell University, J.D., and was admitted to the bar in 1977....
, was loosely based on the case and related events.
Residents brought action against operator of tannery to recover for personal injuries allegedly sustained through contamination of municipal water wells by toxic solvents. The United States District Court for the District of Massachusetts, Walter Jay Skinner, J., denied residents' motion for relief from judgment in favor of tannery operator, and residents appealed. The Court of Appeals, 862 F.2d 910, remanded with directions. On remand, the District Court, 127 F.R.D. 1, found that rebuttable presumption existed that tannery operator's nondisclosure of report substantially impaired trial preparation. Subsequently, the District Court, 129 F.R.D. 394, recommended that its earlier denial of motion for relief from judgment be sustained. The Court of Appeals, Selya, Circuit Judge, held that: (1) district court did not abuse its discretion by determining that operator's failure to disclose report during pretrial discovery did not warrant relief from judgment; (2) district court did not abuse its discretion in determining that operator's nondisclosure of report was roughly equivalent to residents' improper continuation of prosecution of their claim, and thus that monetary sanctions should not be imposed upon either party; and (3) operator's nondisclosure of report did not constitute “fraud on the court” which would trigger entry of default.
- Anderson v. Cryovac, C.A. No. 82-1672-S (D. Mass); (Anne Anderson et al. v. Cryovac Inc. W.R. Grace Inc., John J. Riley Company Inc., Beatrice Inc. et al. Superior Court Civil Action #82-2444, Commonwealth of Massachusetts. Filed May 14, 1982.)
- Anderson v. Cryovac, Inc., 96 F.R.D. 431 (D. Mass. 1983)
- Anderson v. W.R. Grace & Co., 628 F. Supp. 1219 (D. Mass. 1986)
- Anderson v. Cryovac, Inc., 805 F.2d 1 (1st Cir. Mass. 1986)
- Anderson v. Cryovac, Inc., 862 F.2d 910 (1st Cir. Mass. 1988), on remand, Anderson v. Beatrice Foods Co., 127 F.R.D. 1 (D. Mass. 1989)
- Anderson v. Beatrice Foods Co., 129 F.R.D. 394 (D. Mass. 1989), aff'd, 900 F.2d 388 (1st Cir.), cert. denied, 498 U.S. 891 (1990)
See also
- A Civil Action: A Documentary Companion, By Lewis A Grossman, Robert G Vaughn (West 2008)(ISBN-13: 9781599415581)
- Sealed AirSealed AirSealed Air Corporation is a company that makes a variety of packaging materials, systems and equipment. Its brands include Bubble Wrap, Cryovac, Instapak, Shanklin.They have recently moved headquarters to Elmwood Park, New Jersey....
- Beatrice FoodsBeatrice FoodsBeatrice Foods Company was a major American food processing company. In 1987, its smaller international food operations were sold to Reginald Lewis, a corporate attorney creating TLC Beatrice International, after which the majority of its domestic brands and assets were acquired by Kohlberg,...
- W. R. Grace and CompanyW. R. Grace and CompanyW. R. Grace and Company is a Columbia, Maryland, United States based chemical conglomerate.The company has two main divisions, Davison Chemicals and Performance Chemicals. The Davison unit makes chemical catalysts, refining catalysts, and silica-based products that let other companies make...
- Riley v. Harr, No. 01-1648 United States Court of Appeals - First Circuit (John J. Riley, Jr. and Diana W. Riley (Plaintiffs, Appellants) v. Jonathan Harr; Random House, Inc., New York; Vintage Books; Random House Audio Publishing, Inc. (Defendants, Appellees)
External links
- Anderson v. Beatrice Foods: Index of Pleadings (Florida State UniversityFlorida State UniversityThe Florida State University is a space-grant and sea-grant public university located in Tallahassee, Florida, United States. It is a comprehensive doctoral research university with medical programs and significant research activity as determined by the Carnegie Foundation...
) - Toxic Legacy (Dan Kennedy)
- A Civil Action: Sources M.G. Gallagher Law Library, University of Washington
- Riley v. Harr 1st Circuit - U. S. Court of Appeals
- Anderson v. Cryovac featured at Washington College of Law @ American University, DIGITAL COMMONS
- Anderson v. Cryovac being studied in 1L Civil Procedure classes