James Adams v. Johns-Manville Corporation, and Raymark Industries, Inc.

This case involves enforcement of an alleged settlement between Raymark and 49 asbestos personal injury plaintiffs. On appeal, Raymark denies settling these claims and seeks reversal of the district judge’s enforcement order on numerous grounds. The facts pertinent to this appeal are set out in detail in In re Gerry, 670 F.Supp. 276, 277-79 (N.D.Cal.1987), and will be referred to below as appropriate.

I

There are essentially three issues on appeal. First, the district court found that Raymark entered into a settlement agreement. The district court’s decision to enforce a settlement agreement is reviewed for an abuse of discretion. Callie v. Near, 829 F.2d 888, 890 (9th Cir.1987). Second, Raymark contends that the question of enforcement of an alleged settlement agreement should have been presented to a jury. Entitlement to a jury trial is a question of law, reviewable de novo. Standard Oil Co. of Cal. v. Arizona, 738 F.2d 1021, 1022-23 (9th Cir.1984), cert. denied, 469 U.S. 1132 , 105 S.Ct. 815 , 83 L.Ed.2d 807 (1985). Finally, Raymark disputes the district judge’s award of interest. Whether a plaintiff is entitled to prejudgment interest is reviewed for an abuse of discretion.…