Anderson v. Cryovac
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.
- 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)
[edit] See also
- A Civil Action: A Documentary Companion, By Lewis A Grossman, Robert G Vaughn (West 2008)(ISBN 9781599415581)
- Sealed Air
- Beatrice Foods
- W. R. Grace and Company
- 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)
[edit] External links
- Anderson v. Beatrice Foods: Index of Pleadings (Florida State University)
- 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
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