R. A. Beck of Fibreboard to R. G. Anderson on the Denial of Rehearing in Borel (1974)

A one-page memo of May 20, 1974, from R. A. Beck of Fibreboard Corporation's legal department to R. G. Anderson, on "Asbestosis Litigation, Borel v. Fibreboard et al." Beck reports that the Fifth Circuit Court of Appeals, which had affirmed the verdict and judgment of slightly over $60,000 for the plaintiff, had denied the six defendants' motion for rehearing. The only further appeal would be a petition to the U.S. Supreme Court, and Dick Von Wald, "who handles asbestosis litigation for Johns-Manville," had offered to canvass the other defendants.

What it shows

Beck wrote that "A matter of major importance" was the effect a final decision in Borel might have on future cases: Fibreboard was already a defendant in 14 pending cases, and "We would anticipate a number of new suits after the Borel decision of the Fifth Circuit is publicized." The Borel opinion held the makers of asbestos insulation liable for failure to warn users. Eight months earlier defense counsel had hoped to delay its publication (letter to Weller).

About this copy

This is a Fibreboard memo, not a Johns-Manville one. Fibreboard and J-M were both defendants in Borel, and the memo mentions J-M's Dick Von Wald working with the other defendants, so a copy probably reached J-M through that cooperation, but that is a guess.

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Final Borel decision on 5/20/74. Asbestos-containing products defective due failure to warn

Editor's note: J-M's description calls this the final Borel decision. The document is a Fibreboard legal department memo reporting that the Fifth Circuit had denied rehearing; the court's opinion itself was issued in September 1973.

Related documents

• Clarence Borel v. Fibreboard Paper Products Corporation, Plaintiff's Original Complaint (1969)
• Rogers, Field, Gentry, Benjamin & Robertson to George A. Weller on Delaying Publication of the Borel Opinion (1973)
• Richard P. Carter's Memo on the Beaumont Meeting and Holding Off on New Warning Labels Until the Borel Appeal (1971)