Legal query found to be untenable

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 6, 2020 3:21 PM

Circuit Judges David F. Hamilton and Amy St. Eve disagreed on whether Robert and Deborah Amling satisfied the Declaratory Judgment Act’s “case of actual controversy” requirement when they sued for a ruling that a 1990 asset purchase agreement between Harrow Industries and Nexus Corp. included an assumption of liability which extended to a state court case in which the Amlings alleged Robert contracted mesothelioma from exposure to asbestos in products manufactured by National Greenhouse Co. — but …

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