Fibreboard Corporation, primarily a timber company, manufactured asbestos-containing products for high-temperature industrial applications from the 1920s through 1971.
Beginning in the 1970s and accelerating through the 1980s and 1990s, Fibreboard faced thousands of personal injury claims each year from asbestos exposure. From May 1957 through March 1959, Continental Casualty Company issued Fibreboard a comprehensive general liability policy with per-occurrence and per-claim limits but no aggregate limit. Pacific Indemnity Company issued a similar policy for 1956-1957. Fibreboard initiated coverage litigation against both insurers in California state court in 1979.
In 1990 the California trial court held the insurers responsible for indemnification of claims involving exposure before their policies expired and required them to pay full defense costs. Fibreboard began structured settlements in 1988, initially paying 40 percent up front with the balance contingent on coverage victory, then shifting in 1991 to full assignments of coverage rights. By December 1992 Fibreboard had deferred settlement obligations exceeding $1.2 billion, all contingent on prevailing in the coverage dispute.
After the insurers lost at trial in early 1993, they joined global settlement negotiations conditioned on achieving "total peace" through a mandatory class action. Negotiators reached the Global Settlement Agreement shortly before midnight on August 27, 1993, providing $1.525 billion from the insurers and $10 million from Fibreboard to fund a trust for class claims. The Trilateral Settlement Agreement, executed the same night as a backup, committed the insurers to supply up to $2 billion if the global settlement failed.
On September 9, 1993, named plaintiffs filed suit in the Eastern District of Texas seeking certification of a mandatory class under Rule 23(b)(1)(B) that included persons exposed to Fibreboard asbestos who had not sued or settled before August 27, 1993, persons who had dismissed claims without prejudice, and their relatives, but that excluded pending claimants and those who had settled while retaining malignancy rights. After Continental and Pacific had obtained leave to intervene as party-defendants, the District Court provisionally granted class certification, enjoined commencement of further separate litigation against Fibreboard by class members, and appointed a guardian ad litem to review the fairness of the settlement to the class members. After an 8-day fairness hearing, the District Court certified the class and approved the settlement as fair, adequate, and reasonable under Rule 23(e). The Fifth Circuit affirmed. After this Court vacated and remanded in light of Amchem Products, Inc. v. Windsor, the Fifth Circuit reinstated its affirmance in a per curiam opinion. The Supreme Court granted certiorari.