Full opinion text
MEMORANDUM LOWELL A. REED, Jr., District Judge. This lawsuit is a class action for asbestos-related personal injuries. This memorandum opinion addresses whether this Court has subject matter jurisdiction over this case. I. BACKGROUND On January 15, 1993, counsel for the plaintiff class (or the “Carlough class”) filed the complaint in this action along with motions for class certification and for approval of a proposed settlement agreement (“proposed settlement” or “settlement”) between the plaintiff class and the defendants. The complaint alleges that the defendants, members of the Center for Claims Resolution (“the CCR defendants”), are liable to the plaintiff class under the legal theories of (1) negligent failure to warn, (2) strict liability, (3) breach of express and implied warranty, (4) negligent infliction of emotional distress, (5) enhanced risk of disease, (6) medical monitoring, and (7) civil conspiracy. In their complaint, the named plaintiffs allege that jurisdiction is based upon diversity of citizenship and that the amount in controversy for each member of the plaintiff class exceeds $100,-000. On the same day as the complaint was filed, the CCR defendants answered the complaint and joined in plaintiffs’ request that the class be certified and the settlement agreement approved. On January 29, 1993, the Honorable Charles R. Weiner of this Court conditionally certified an opt-out class consisting of: 1. All persons (or their legal representatives) who have been exposed in the United States or its territories (or while working aboard U.S. military, merchant or passenger ships), either occupationally or through occupational exposure of a spouse or household member, to asbestos or to asbestos containing products for which one or more of the defendants may bear legal liability and who, as of January 15, 1993, reside in the United States or its territories, and who have not, as of January 15, 1993, filed a lawsuit for asbestos-related personal injury or damage, or death in any state or federal court against the defendants) (or against entities for whose actions or omissions the defendants) bear legal liability). 2. All spouses, parents, children, and other relatives (or their legal representatives) of the class members described in paragraph 1 above who have not, as of January 15, 1993, filed a lawsuit for the asbestos-related personal injury, or damage, or death of a class member described in paragraph 1 above in any state or federal court against the defendant(s) (or against entities for whose actions or omissions the defendant(s) bear legal liability). Also on January 29, 1993, Judge Weiner assigned to me the scheduling and review of settlement procedures and the resolution of objections to the settlement itself. On March 1, 1993, I issued a Rule to Show Cause ordering that a preliminary hearing be held, and memoranda of law submitted, as to, inter alia, the relevant considerations in ultimately evaluating the fairness, adequacy and reasonableness of the settlement. At that time, numerous motions and objections were filed relating to certain threshold matters such as justiciability and diversity jurisdiction. Because these jurisdictional issues relate to the very power of the Court to hear this case and ultimately bind the parties to the settlement, on June 2, 1993, I issued a Scheduling Order setting dates for briefing and argument on all objections to this Court’s subject matter jurisdiction. Various objectors filed memoranda of law explaining the legal bases for their objections, to which the named plaintiffs and the CCR defendants (hereinafter the “settling parties”) responded. A hearing was held on August 23, 1993 at which time the objectors and the settling parties were heard. This memorandum addresses the four principal threshold issues raised by the objectors: standing, collusion, mootness and satisfaction of the amount in controversy for purposes of diversity jurisdiction. I do not address all of the objections raised in the memoranda of law and/or at the August 23, 1993 hearing. However, because of the significance of this lawsuit and the large number of parties claiming an interest, it is necessary to consider these threshold issues in considerable detail. II. DISCUSSION A. Standing It is fundamental that a federal court lacks jurisdiction to hear any matter that is not a justiciable case or controversy under Article III of the U.S. Constitution, and that an action is not justiciable if the plaintiff does not have standing to sue. Bender v. Williamsport Area School District, 475 U.S. 534, 541-42, 106 S.Ct. 1326, 1331, 89 L.Ed.2d 501 (1986). “In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.” Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975). This question is answered by determining whether the plaintiff has a “personal stake in the outcome of the controversy.” Id. at 498-99, 95 S.Ct. at 2205. Such a personal stake assures “ ‘concrete adverseness which sharpens the presentation of the issues.’ ” Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 804, 105 S.Ct. 2965, 2970, 86 L.Ed.2d 628 (1985) (quoting Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct. 691, 703, 7 L.Ed.2d 663 (1962)). The Supreme Court has held that a party has the requisite personal stake if s/he can demonstrate that: (1) s/he personally has suffered a concrete injury in fact, (2) the injury is fairly traceable to the challenged conduct, and (3) the injury is likely to be redressed by a favorable decision. Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984) (citing Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472, 102 S.Ct. 752, 758, 70 L.Ed.2d 700 (1982)). The plaintiff always bears the burden of establishing the elements of standing. Lujan v. Defenders of Wildlife, - U.S. -, -, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992). And, these elements “are not mere pleading requirements but rather an indispensable part of the plaintiffs case[.]” Id. As such, “each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.” Id. Although these three elements appear straightforward, the Supreme Court has more than once acknowledged that “the concept of ‘Article III standing’ has not been defined with complete consistency in all of the various cases decided by [the] Court which have discussed it[J” Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 1723, 109 L.Ed.2d 135 (1990) (quoting Valley Forge, 454 U.S. at 475, 102 S.Ct. at 760). The Article III policies which are served by the standing requirement, however, have remained clear and constant. It is thus helpful to look to these policies when applying the elements of standing to a particular case. First and foremost, the standing requirement preserves the separation of powers by limiting the matters that the judicial branch may address. Lujan, - U.S. at -, 112 S.Ct. at 2136; Allen, 468 U.S. at 752, 104 S.Ct. at 3325. In essence, standing doctrine is "founded in concern about the proper-and properly limited-role of the courts in a democratic society." Warth, 422 U.S. at 498, 95 S.Ct. at 2205. Under our tripartite system of government, pronouncements about general social problems are left to the legislature. Thus, if a plaintiff lacks a personal stake in the litigation at hand, the court finds itself in the position of extending its role beyond that intended for the judiciary under Article III. Allen, 468 U.S. at 750, 104 S.Ct. at 3324. Second, the standing requirement improves judicial decision-making because it “assures a factual setting in which the litigant asserts a claim of injury in fact[.]” Valley Forge, 454 U.S. at 472, 102 S.Ct. at 758. This factual setting prevents a federal court from passing judgment on ill-defined issues or controversies which could “pave the way for lawsuits which have some, biit not all, of the facts of the case actually decided by the court.” Id. In other words, the injury complained of must be sufficiently concrete to inform the court of the consequences of its decision. Indeed, the Supreme Court has recognized that judicial review is effective largely because it avoids issues presented in an abstract form. United States v. Richardson, 418 U.S. 166, 194, 94 S.Ct. 2940, 2956, 41 L.Ed.2d 678 (1974) (Powell, J., concurring). Third, the standing requirement assures that the federal courts do not become “a vehicle for the vindication of the value interests of concerned bystanders.” United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669, 687, 93 S.Ct. 2405, 2416, 37 L.Ed.2d 254 (1973). The federal courts are reserved for litigants whose lives will be directly affected by the outcome of the lawsuit. And, the injury-in-fact requirement serves to distinguish those litigants from others with a mere interest in the issue. Id., at 689 n. 14, 93 S.Ct. at 2417 n. 14. Without this requirement, the federal courts would be reduced to “publicly funded forums for the ventilation of public grievances[.]” Valley Forge, 454 U.S. at 473, 102 S.Ct. at 759. Connected with this policy, of course, is the notion that those directly concerned with the questions at issue are likely to present their eases more effectively. In this lawsuit, the objectors claim that many of the members of the Carlough class do not have Article III standing because they have not sustained an “injury in fact.” The objectors note that the Carlough class includes those who have been occupationally exposed to asbestos but who do not manifest any asbestos-related condition (hereinafter “the exposure-only plaintiffs”). And, in their memoranda of law, the objectors point to several state and federal cases which have held that “subclinical injury resulting from exposure to asbestos is insufficient to constitute actual loss or damage to a plaintiffs interest required to sustain a cause of action under generally applicable principles of tort law.” Schweitzer v. Consolidated Rail Corp., 758 F.2d 936, 942 (3d Cir.), cert. denied, 474 U.S. 864, 106 S.Ct. 183, 88 L.Ed.2d 152 (1985); see also Alim v. Vaughn, 1992 WL 209918, 1992 U.S.Dist. LEXIS 12503 (E.D.Pa. Aug. 18, 1992); Hannibal v. Lyons, 1990 WL 96121 1990 U.S.Dist. LEXIS 8261 (E.D.Pa. July 2, 1990); Giffear v. Johns-Manville Corp., -— Pa.Super. -, 632 A.2d 880 (Pa.Super.1993); Marinari v. Asbestos Corp., 417 Pa.Super. 440, 612 A.2d 1021 (1992). The objectors argue that the lack of a cause of action under applicable state tort law mandates a finding that the exposure-only plaintiffs have alleged no injury in fact for purposes of Article III standing. In response, the settling parties argue that exposure to a toxic substance is sufficient injury in fact and that, for purposes of Article III standing, it is irrelevant whether the plaintiffs’ injuries support a valid legal claim. It is true that prior to 1970, the test for Article III standing was the so-called “legal interest” test. See Alabama Power Co. v. Ickes, 302 U.S. 464, 478-80, 58 S.Ct. 300, 303-04, 82 L.Ed. 374 (1938); G. Nichol, Injury and The Disintegration of Article III, 74 Calif.L.Rev. 1915, 1920 (1986). Under that tést, a plaintiff only had Article III standing “if the actions of the defendant harmed a ‘legal interest’ of the plaintiff.” Alabama Power Co., 302 U.S. at 478-80, 58 S.Ct. at 303-04. In other words, plaintiffs had to show injury sufficient to sustain a valid cause of action to have standing to sue in federal court. In Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970), however, the Supreme Court jettisoned the “legal interest” test ánd adopted the “injury in fact” test. According to the Supreme Court in Camp, “[t]he ‘legal interest’ test goes to the merits” and is thus “quite distinct from the problem of standing.” Id. at 152-53 & n. 1, 90 S.Ct. at 829-30 & n. 1. With the adoption of the injury in fact test, the Supreme Court “intended the injury standard to insulate the case or controversy determination from the sway of the claim on the merits.” Nichol, supra, at 1923-24. In the years since the Camp decision, the Supreme Court has stressed that the requirement of standing “focuses on the party seeking to get his [or her] complaint before a federal court and not on the issues [s/]he wishes to have adjudicated.” Valley Forge, 454 U.S. at 484, 102 S.Ct. at 765 (quoting Flast v. Cohen, 392 U.S. 83, 99, 88 S.Ct. 1942, 1952, 20 L.Ed.2d 947 (1968) (emphasis added)). For example, in Davis v. Passman, 442 U.S. 228, 99 S.Ct. 2264, 60 L.Ed.2d 846 (1979), the Supreme Court reversed the lower court’s holding as to standing, and stated: The Court of Appeals appeared to confuse the question of whether petitioner had standing with the question of whether she asserted a proper cause of action.... The nature of petitioner’s injury ... is relevant to the determination of whether she has “alleged such a personal stake in the outcome of the controversy ...” And under the criteria we have set out, petitioner clearly has standing to bring this suit.... Whether petitioner has asserted a cause of action, however, depends not on the quality or extent of her injury, but on whether the class of litigants of which petitioner is a member may use the courts to enforce the right at issue. Id., at 239-40 n. 18, 99 S.Ct. at 2274 n. 18 (citations omitted). In sum, the Supreme Court has made clear that the Article III determination “in no way depends on the merits of the plaintiffs [claim].” Whitmore, 495 U.S. at 155, 110 S.Ct. at 1723 (quoting Warth, 422 U.S. at 500, 95 S.Ct. at 2206). As one commentator put it: The terminology employed — injury “in fact” rather than “in law,” layperson’s injury rather than lawyer’s injury — suggests the Court’s desire to convert the case or controversy hurdle to a straightforward and objective measurement uninfluenced by the attractiveness of the cause of action By employing a test of simple harm, the justices could free the system of constitutional review from ill-fitting common law forms. Injury in fact ... could be ascertained without “premature value judgments” about ... the merits of the claim Nichol, supra, at 1924. This Court has expressly recognized this principle in the context of another nationwide asbestos case: Standing, which derives from the article III case or controversy requirement, is met when the plaintiff can demonstrate “injury in fact.” To what extent that injury is legally cognizable under the laws of the various jurisdictions is a separate inquiry. In re Asbestos School Litigation, 104 F.R.D. 422, 425 n. 1 (E.D.Pa.1984) (citation omitted), amended in other respects, 107 F.R.D. 215 (E.D.Pa.1985), aff'd in part and rev’d in part on other grounds, 789 F.2d 996 (3d Cir.1986). Other lower courts have also recognized the distinction between the existence of an “injury in fact” and the legal significance of that injury by holding that, for purposes of determining Article III standing, the plaintiffs legal theories must be accepted as valid. See Chiles v. Thornburgh, 865 F.2d 1197, 1202 (11th Cir.1989) (“just as we accept the validity of the plaintiffs factual assertions, we must also accept the validity of the plaintiffs theory of a cause of action”); Goldwater v. Carter, 617 F.2d 697, 701-02 (D.C.Cir.) (“For purposes of the standing issue, we accept, as we must [plaintiffs] pleaded theories as valid.”), vacated on other grounds, 444 U.S. 996, 100 S.Ct. 533, 62 L.Ed.2d 428 (1979); see also United States v. Nichols, 841 F.2d 1485, 1498 (10th Cir.1988). But see Robinson v. Vaughn, 1992 WL 368461 1992 U.S.Dist. LEXIS 19518 (E.D.Pa. Dec. 2, 1992) (court cited to Pennsylvania tort law and held that prisoner exposed to asbestos did not have injury in fact). It is because of this distinction that many federal courts have dismissed cases for failure to state a claim only after concluding that they have subject matter jurisdiction over the case. See, e.g., Angus v. Shiley, Inc., 989 F.2d 142 (3d Cir.1993); LFC Lessors, Inc. v. Pacific Seiver Maintenance Corp., 739 F.2d 4 (1st Cir.1984); Indiana Hi-Rail Corp. v. CSX Transp., Inc., 818 F.Supp. 1254 (S.D.Ind.1993); Ronwin v. Smith Barney Harris Upham & Co., 807 F.Supp. 87 (D.Neb.1992), aff'd without op., 996 F.2d 1221 (8th Cir.1993); Grant v. Coca-Cola Bottling Co., 780 F.Supp. 246 (D.N.J.1991); Hough v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 757 F.Supp. 283 (S.D.N.Y.), aff'd without op., 946 F.2d 883 (2d Cir.N.Y.1991); Wilson v. Briscoe, 1990 WL 116836 1990 U.S.Dist. LEXIS 9514 (D.D.C. July 30, 1990). Almost directly on point is Bowling v. Pfizer, Inc., 143 F.R.D. 141 (S.D.Ohio 1992). In that case, the defendants were manufacturers of heart valves that later proved faulty. The plaintiff class included those implanted with a heart valve that had not fractured. Those plaintiffs wished to recover for their fear or anxiety that their heart valves might fracture in the future. In its decision approving the proposed settlement, the district court held that these class members might not have had a valid cause of action under applicable tort law. Id. at 147-48. Indeed, before the settlement was reached, the defendants had moved to dismiss the claims of these plaintiffs for failure to state a claim upon which relief could be granted. However, because the district court was informed of the settlement negotiations, it delayed ruling on the defendants’ motion. Id. Ultimately, the court approved the settlement and never ruled on the motion to dismiss. The Bowling court was under a duty, as are all federal courts, to satisfy itself that those plaintiffs with properly functioning heart valves had standing to sue for damages. The fear and anxiety of those plaintiffs along with the medical expenses involved with monitoring their heart valves was enough to satisfy the injury in fact requirement. This is true even though they might not have stated a valid legal claim. And, as long as the plaintiffs had standing to bring their action in federal court, the court had subject matter jurisdiction to decide whether the proposed settlement was fair. Going beyond the case law, it is easy to understand the logic behind the change from the “legal interest” test to the “injury in fact” test. If federal courts must look to whether plaintiffs in federal court under diversity jurisdiction have stated a valid cause of action in order to find that they have standing to sue in federal court, state law and not federal law would control the scope of Article III standing. Indeed, the same factual injury might be sufficient to confer standing in the federal courts of one state but not in the federal courts of another. Federal standing law, therefore, would not only depend on state law, it would vary from state to state. Because standing is a question of federal constitutional law, Phillips Petroleum Co., 472 U.S. at 804, 105 S.Ct. at 2970, such a lack of uniformity would be undesirable. Also, if a plaintiff had to show a valid cause of action to confer Article III jurisdiction, federal courts could never entertain diversity cases where the existence of the asserted claim under state law was unclear. This is so because standing to sue must clearly exist before a federal court is permitted to reach the merits of a case. Of course, federal courts are often called upon to decide unsettled issues of state law. See, e.g., Silver v. Mendel, 894 F.2d 598, 606 (3d Cir.), cert. denied, 496 U.S. 926, 110 S.Ct. 2620, 110 L.Ed.2d 641 (1990). Therefore, I conclude that the applicable legal precedent requires that the question of whether the exposure-only plaintiffs have standing to bring this lawsuit in federal court does not depend on whether they have stated a valid cause of action under applicable tort law. The standing analysis does not end here, however. I must still determine whether, pursuant to federal precedent, the harm alleged by the exposure-only plaintiffs, namely exposure to asbestos, constitutes injury in fact which is fairly traceable to the defendants’ conduct and is likely to be redressed by a favorable decision. 1. Injury in Fact To satisfy the first requirement of standing, the exposure-only plaintiffs must demonstrate that they have suffered an injury in fact which is concrete and particularized, and actual or imminent rather than merely conjectural or hypothetical. Lujan, - U.S. at -, 112 S.Ct. at 2136. By this the Supreme Court means “that the injury must affect the plaintiff in a personal and individual way." Lujan, - U.S. at - n. 1, 112 S.Ct. at 2136 n. 1. Put another way, “an interest need only be expressible in terms of the individuals’s satisfaction or experiences; but such satisfaction or experiences need not be unique to the litigant.” L. Tribe, American Constitutional Law § 3-16, at 117 (2d ed. 1988) (emphasis omitted). The severity of the injury is immaterial. The Supreme Court and the Court of Appeals for the Third Circuit have explained that “[t]hese injuries need not be large, an ‘identifiable trifle’ will suffice.” Public Interest Research Group, Inc. v. Powell Duffryn Terminals Inc., 913 F.2d 64, 71 (3d Cir.1990) (quoting United States v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669, 689 n. 14, 93 S.Ct. 2405, 2416 n. 14, 37 L.Ed.2d 254 (1973)), cert. denied, 498 U.S. 1109, 111 S.Ct. 1018, 112 L.Ed.2d 1100 (1991). Indeed, other kinds of non-eeonomic harm have been accepted as Article III injury in fact, including aesthetic harm and emotional distress. Sierra Club v. Morton, 405 U.S. 727, 734-41, 92 S.Ct. 1361, 1366-69, 31 L.Ed.2d 636 (1972) (non-quantifiable aesthetic and environmental injuries); Clayton v. White Hall School Dist., 875 F.2d 676, 679 (8th Cir.1989) (emotional and psychological distress). In Duke Power, the Supreme Court addressed the issue of whether exposure to a toxin is sufficient to confer Article III standing. In that case, the plaintiffs claimed that the future exposure to radiation from two nuclear power plants under construction constituted injury in fact entitling them to challenge the constitutionality of a statute which limited the liability for accidents at nuclear power plants. At the time the suit was brought, the plants were still under construction, and, therefore, plaintiffs had sustained no radiation-related diseases as a result of future emissions. The district court found “immediate” injury to the plaintiffs in “the production of small quantities of non-natural radiation which would invade the air and water” and “a ‘sharp increase’ in the temperature of two lakes presently used for recreational purposes....” Duke Power, 438 U.S. at 73-74, 98 S.Ct. at 2630-31. The Supreme Court agreed that each of these effects constituted injury in fact for purposes of Article III standing analysis: It is enough that several of the “immediate” adverse effects were found to harm appellees. Certainly the environmental and aesthetic consequences of the thermal pollution of the two lakes in the vicinity of the disputed power plants is the type of harmful effect which has been deemed adequate in prior eases to satisfy the “injury in fact” standard. And the emission of non-natural radiation into appellees environment would also seem a direct and present injury, given our generalized concern about exposure to radiation and the apprehension flowing from the uncertainty about the health and genetic consequences of even small emissions like those con-cededly emitted by nuclear power plants. Id., at 73-74, 98 S.Ct. at 2630-31 (emphasis added, citations omitted). The objectors point to language in Duke Power which appears to limit its holding on standing. At the beginning of the above-cited paragraph, the Supreme Court cautioned that it: need not determine whether all the putative injuries identified by the District Court, particularly those based on the possibility of a nuclear accident and the present apprehension generated by this future uncertainty, are sufficiently concrete to satisfy constitutional requirements. It is enough that several of the “immediate” adverse effects were found to harm appel-lees. Id., at 73, 98 S.Ct. at 2630. However, the Court went on to select two of the injuries identified by the district court upon which to base its holding that the plaintiffs did indeed have standing: 1) the environmental and aesthetic consequences of the thermal pollution of the two lakes, and 2) the health and genetic consequences of exposure to small emissions of radiation. Id. at 73-74, 98 S.Ct. at 2630-31. Because the settling parties rely on the Court’s holding only as to the second injury, I conclude that the Court’s failure to rule on the concreteness of the other putative injuries is irrelevant. Alternatively, the objectors argue that Duke Power’s discussion of exposure to radiation as injury in fact is dictum. They claim that the Court held that the environmental and aesthetic consequences of thermal pollution constitute sufficient injury in fact while downplaying plaintiffs’ future exposure to radiation. In support of this argument, the objectors point out that the first sentence in the Court’s holding states that thermal pollution “[ejertainly” constitutes injury in fact, while the second sentence states only that exposure to radiation “would also seem” to be injury in fact. Id. at 73-74, 98 S.Ct. at 2630-31. This argument must also fail. The law of standing requires that a plaintiff allege only one injury in fact, not that all injuries alleged constitute injury in fact. Therefore, in its holding, the Court chose the two injuries which, on their own, would be sufficient injury in fact for purposes of standing. The Court used stronger language when describing its holding as to the environmental and aesthetic injury simply because the law on that issue was clear. In other words, the Court was “certain” about its holding because environmental and aesthetic injury was “the type of harmful effect which has been deemed adequate in prior cases to satisfy the ‘injury in fact’ standard.” Id. at 73-74, 98 S.Ct. at 2630. (citing SCRAP, 412 U.S. at 669, 93 S.Ct. at 2407 and Sierra Club, 406 U.S. at 734, 92 S.Ct. at 1366). The Court’s holding as to the health and/or genetic consequences of exposure was not as easily gleaned from the case law at that time. However, the effect of the Court’s ultimate decision that such harm was sufficient to confer Article III standing is no less binding. Finally, the objectors argue that Duke Power is an old case and that Supreme Court decisions concerning standing have become more stringent in the fifteen years since. The objectors claim that since its holding in Duke Power, the Supreme Court has added another element to the injury in fact analysis: that the harm be not only concrete and particularized, but also “actual or imminent, not conjectural or hypothetical.” Lujan, — U.S. at -, 112 S.Ct. at 2136; Whitmore, 495 U.S. at 155, 110 S.Ct. at 1723; Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 1665, 75 L.Ed.2d 675 (1983). However, the holding in Duke Power is in line with the requirement that the injury be actual or imminent. The Court expressly held that exposure to radiation constituted “direct and present injury[.]” Duke Power, 438 U.S. at 74, 98 S.Ct. at 2631. This it held in spite of the fact that the construction of the nuclear power plants was not yet completed. In this case, the exposure-only plaintiffs have already been exposed to a toxin. Thus, even if Duke Power represents the most permissive end of the Supreme Court’s spectrum of standing decisions, this case still falls within its holding. Moreover, the objectors’ argument that Duke Power is no longer good law is odd in the face of the Supreme Court’s recent decision in Helling v. McKinney, — U.S. -, 113 S.Ct. 2475, 125 L.Ed.2d 22 (U.S.1993). In Helling, the Supreme Court held that an allegation of intentional exposure of a prisoner to second-hand tobacco smoke, without present injury, states a valid claim for relief under the Eighth Amendment. Helling suggests that prisoners exposed to second-hand tobacco smoke may now have a valid cause of action. And, a necessary predicate to the Supreme Court’s reaching the merits of the plaintiffs case in Helling was the implicit conclusion that mere exposure to secondhand smoke satisfied the injury in fact test of Article III. Even before Helling, other courts had specifically held that exposure to a toxin constitutes injury in fact under Article III. See, e.g., In re “Agent Orange” Prod. Liab. Litig. (Ivy v. Diamond Shamrock Chemicals Co.), 996 F.2d 1425 (2d Cir.1993); Ashton v. Pierce, 541 F.Supp. 635, 637 (D.D.C.1982), aff'd, 716 F.2d 56 and 723 F.2d 70 (D.C.Cir.1983). Indeed, the Second Circuit’s recent decision in the Agent Orange litigation is directly on point here. Ivy, 996 F.2d at 1433-35. Ivy turned on the effect of the settlement, of a prior Agent Orange class action lawsuit in which the class had included “future claimants,” that is, persons who had been exposed to Agent Orange but did not yet manifest any disease. Subsequently, several individuals whose disease .manifested itself after the settlement filed new lawsuits. In seeking to avoid the binding effect of the class action settlement, they argued that, at the time of the class action, they lacked injury in fact for purposes of Article III standing because they manifested no disease as a result of their exposure to Agent Orange. They argued that, because of their lack.of standing, their claims were not within the Article III jurisdiction of the court that approved the class action settlement and, therefore, could not have been settled. Id. at 1433-35. The Second Circuit rejected that argument. It held that “ ‘some types of injury to the body occur prior to the appearance of any symptoms; thus, the manifestation of the injury may well occur after the injury itself,’ ” and rejected the argument that “ ‘injury in fact’ means injury that is manifest, diagnosable or compensable.” Id. at 1434 (citations omitted). Instead, the Second Circuit agreed that the plaintiffs’ injury in fact occurred at the time of exposure. Id. at 1434 (citing Duke Power, 438 U.S. at 74, 98 S.Ct. at 2631). In another case involving a settlement in an asbestos class action, objectors argued that those members of the class who had not yet manifested an asbestos-related illness did not allege Article III injury in fact. In re Joint Eastern & Southern Dist. Asbestos Litig. (In re Johns-Manville Corp.), 129 B.R. 710, 834 (E. & S.D.N.Y.1991). In response to these objections, the Honorable Jack B. Weinstein held: Since asbestos-related illnesses progress over time, the injury can be presumed to have occurred though the victim may not be aware of it. Id. Judge Weinstein found that “[t]he question of whether compensable injury has occurred is not subject to doubt by any eourt[,]” because latent injury has been recognized throughout the law (including in statutes of limitation decisions, in medical monitoring claims, in bankruptcy proceedings, and in insurance cases). After reviewing various areas of the law regarding the factual injury of asbestos exposure, Judge Weinstein reasoned: If persons exposed to asbestos fibers have a sufficient injury to warrant insurance coverage, they must have suffered a quantum of harm adequate to satisfy the constitutional case or controversy minimum injury-in-fact. Early status for Article III standing to be heard is particularly necessary in mass-tort-latent-disease cases. Often settlements and alternate dispute resolution techniques will be instituted even before litigation is threatened to provide protection against a looming storm cloud of future controversies. The courts need to be in a position to intervene as necessary. Id. at 835-36. Finally, in Ashton, the district court held that persons exposed to lead-based paint, but who did not yet manifest disease, had standing because their “alleged exposure to the risk of lead poisoning as a result of the continued presence of lead-based paint in [Washington,] D.C. public housing clearly constitutes a sufficient claim of injury in fact.” Ashton, 541 F.Supp. at 637 (citing Duke Power, 438 U.S. at 74, 98 S.Ct. at 2631). In fact, many federal class action cases have involved a class that included persons who had been exposed to a toxin but manifested no disease. See, e.g., In re Paoli R.R. Yard PCB Litig., 916 F.2d 829, 861 (3d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1584, 113 L.Ed.2d 649 (1991) (holding that persons who had been exposed to PCBs could sue for medical monitoring expenses because “regardless of whether all plaintiffs alleged demonstrable physical injury, they all clearly alleged monetary injury”); In re A.H. Robins Co., 880 F.2d 694, 880 F.2d 709 (4th Cir.1989) (affirming district court’s settlement of claims by class of persons with potential future injuries caused by use of Dai-kon Shield contraceptive device). Although in many of those cases there is no express finding as to Article III standing, it is clear to me that the courts were satisfied as to their Article III jurisdiction because a finding of such jurisdiction is a necessary predicate to taking action on the merits. Based upon the foregoing analysis, I conclude that exposure to a toxic substance constitutes sufficient injury in fact to give a plaintiff standing to sue in federal court. The objectors do not dispute, nor could they, that asbestos is a toxin. See In re Joint Asbestos Litig., 129 B.R. at 739 (“The capacity of asbestos fibers to cause serious injuries is no longer disputed.”). In this case, the class consists of persons who have been exposed to asbestos either occupationally or through the occupational exposure of a spouse or household member. Accordingly, by definition, each class member sues on the basis of actual exposure and not future exposure to asbestos. Without more, the exposure-only plaintiffs have alleged sufficient injury in fact. Apart from the authority dealing with exposure to a toxin as Article III injury in fact, I conclude that the available medical data on the health consequences of exposure to asbestos also require a conclusion that the exposure-only plaintiffs have alleged a demonstrable physical injury which satisfies the Article III injury in fact requirement. The Pennsylvania Supreme Court recently characterized the immediate consequences of exposure to asbestos as a “direct injury.” J.H. France Refractories Co. v. Allstate Ins. Co., 626 A.2d 502, 505-6 (Pa.1993). The court summarized current medical evidence which shows that: asbestos fibers in the respiratory tract interact with the membranes of the cells lining the trachea and cause the release of enzymes and superoxides which either damage or kill individual cells. If sufficient cells are damaged, tissue (an accumulation of cells) is damaged or destroyed. This injury occurs within minutes after asbestos fibers enter the cells. Id. The court went on to hold that, for purposes of triggering an insurer’s duty to indemnify, “the medical evidence of discrete cellular injuries occurring upon exposure to asbestos justifies the conclusion that exposure to asbestos causes immediate ‘bodily injury’ ... ”, even if disease is not manifested until much later. Id. at 506. Judge Weinstein in In re Joint Asbestos Litig. agreed: Since asbestos-related illnesses progress over time, the injury can be presumed to have occurred though the victim may not be aware of it. In re Joint Asbestos Litig., 129 B.R. at 834. Thus, to show injury in fact, the exposure-only plaintiffs are not relying on speculative future harm, but on their- present injuries resulting from exposure to asbestos. In sum, the weight of recognized medical research on asbestos-related diseases shows that exposure to asbestos causes immediate cellular changes. And, only those who have been exposed to asbestos are members of the plaintiff class. They have been personally affected by defendants’ conduct in a concrete and particular way whether or not they ever develop a serious medical condition. This is exactly the type of personal stake the Article III injury-in-fact requirement demands. Therefore, I conclude that the exposure-only plaintiffs have alleged Article III injury in fact. 2. Traceability The second requirement of standing is that the plaintiff show that there is some causal connection between the injury and the conduct complained of, ie., the injury has to be fairly traceable to the challenged action of the defendants and not the result of the independent action of some third party. Lujan, — U.S. at -, 112 S.Ct. at 2136. In their complaint, plaintiffs allege that their injuries are the proximate result of exposure to the OCR defendants’ asbestos products. It is clear that they have been exposed to asbestos, and it is clear that the CCR defendants manufactured asbestos and asbestos-containing products. Therefore, I conclude that plaintiffs have shown, for purposes of Article III standing, that their injuries are fairly traceable to the defendants’ conduct. 3. Redressability To satisfy the final requirement of standing, a federal plaintiff must show that his or her injury is likely to be redressed by a favorable decision. Lujan, — U.S. at -, 112 S.Ct. at 2136. Because of this requirement, “the form of relief sought is often critical in determining whether the plaintiff has standing.” Brown v. Fauver, 819 F.2d 395, 400 (3d Cir.1987). The redressability requirement has been problematic only in cases requesting declaratory or injunctive relief. For example, in Linda R.S. v. Richard D., 410 U.S. 614, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973), the plaintiff claimed that the Texas policy of not prosecuting the fathers of illegitimate children for failure to pay child support was unconstitutionally discriminatory. The plaintiff, an unwed mother, asked the district court to issue an injunction forcing state officials to prosecute the father of her child. The Supreme Court, however, held that the plaintiff did not have Article III standing to bring the suit. The Court reasoned that an injunction commanding state prosecutions would not ensure that the mother would receive any additional support money. The Court explained that if the plaintiff “were granted the requested relief, it would result only in the jailing of the child’s father. The prospect that prosecution will ... result in payment of support can, at best, be termed only speculative.” Id. at 618, 93 S.Ct. at 1149. In other words, the plaintiff lacked standing because her injury was not likely to be redressed by the relief she requested. Similarly, in Warth v. Seldin, 422 U.S. 490, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975), several plaintiffs challenged the constitutionality of a suburb’s exclusionary zoning practices. They claimed that the zoning practices prevented construction of multifamily dwellings and low-income housing and, therefore, effectively excluded them from the neighborhood. The Supreme Court held that these plaintiffs lacked standing because they could not demonstrate that appropriate housing would be constructed without the exclusionary zoning ordinances. The Court felt that overturning the zoning ordinances would not guarantee that builders would choose to construct new housing in the area, or that low-income residents would be able to afford to live there. Id. at 505-07, 95 S.Ct. at 2208-09; see also Simon v. Eastern Kentucky Welfare Rights Organization, 426 U.S. 26, 45-46, 96 S.Ct. 1917, 1928, 48 L.Ed.2d 450 (1976). In this case, it is self-evident that the very conventional remedy sought by the plaintiffs-money damages-would do much to redress their injuries. Unlike claims for injunctive or declaratory relief, as in the above-cited cases, "[a] damage claim, by definition, presents a means to redress an injury." Cardenas v. Smith, 733 F.2d 909, 914 (D.C.Cir.1984). Therefore, I conclude that the exposure-only plaintiffs have shown that their injuries are likely to be redressed by the relief requested in their complaint. 4. Conclusion The exposure-only plaintiffs have satisfied the three requirements of Article III standing. Beyond that, a reexamination of the policies served by the standing requirement convinces me of the propriety of this finding. See Memorandum, supra at 5-6. First, this is not a case where the courts are being “called upon to decide abstract questions of wide public significance ...” Worth, 422 U.S. at 500, 95 S.Ct. at 2206. Here, the plaintiffs have particular, concrete and individual claims of injury. That there are many victims of asbestos does not change the individual and personal stake each plaintiff has in the outcome of this litigation. Judicial intervention is, therefore, appropriate and necessary. Second, this case provides the type of factual setting which is necessary for judicial review to be effective. Because the claims of the exposure-only plaintiffs are based on their personal experiences and involve particularized concrete injuries, there is no risk of ruling on an ill-defined or abstract controversy- Finally, the exposure-only plaintiffs have been directly affected by the CCR defendants’ conduct. They are not merely concerned bystanders. Therefore, this case serves the Article III policy of reserving the federal courts for parties whose lives will be directly affected by the outcome of specific litigation. Having reviewed the applicable case law and the Article III policies which have guided the courts in their decisions, it is clear to me that the claims of the exposure-only plaintiffs are precisely the type which confer standing to sue in federal court. I conclude, therefore, that the exposure-only plaintiffs have Article III standing to bring this lawsuit. B. Diversity Jurisdiction Amount in Controversy The plaintiff class seeks to invoke the subject matter jurisdiction of this Court based on the federal diversity statute, 28 U.S.C. § 1332. That statute authorizes federal courts to exercise subject matter jurisdiction over actions “between citizens of different States” so long as “the matter in controversy exceeds the sum or value of $50,-000, exclusive of interest and costs.” 28 U.S.C. § 1332. In class actions, each class member must on his or her own meet the amount in controversy requirement. Zahn v. International Paper Co., 414 U.S. 291, 301, 94 S.Ct. 505, 512, 38 L.Ed.2d 511 (1973). For purposes of measuring the amount in controversy, “the sum claimed by the plaintiff controls if the claim is apparently made in good faith.” St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 288, 58 S.Ct. 586, 590, 82 L.Ed. 845 (1938). The case cannot be dismissed for failure to exceed the requisite amount in controversy unless it “appear[s] to a legal certainty that the claim is really for less than the jurisdictional amount ...” St. Paul Mercury Indem. Co., 303 U.S. at 289, 58 S.Ct. at 590; accord In re School Asbestos Litig., 921 F.2d 1310, 1315 (3d Cir.1990) (“the court is required only to dismiss those class members whose claims appear to a 'legal certainty’ to be less than the jurisdictional amount”). Only such a showing can overcome the presumption that the plaintiff has, in good faith, properly alleged the requisite amount. See Horton v. Liberty Mut. Ins. Co., 367 U.S. 348, 353, 81 S.Ct. 1570, 1573, 6 L.Ed.2d 890 (1961); 1 J. Moore, Moore’s Federal Practice ¶ 0.92[1], at 829 & n. 9 (2d ed. 1992); 14A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3702, at 54-56 (2d ed. 1985). Thus, although the plaintiff has the burden of proving the requisite amount in controversy, in practice, this burden “is not a heavy one.... [T]he plaintiff need only present allegations or proof that it is not clear to a legal certainty that [s/he] will not recover less than the jurisdictional amount.” Moore, supra, at 831 (citations omitted, emphasis in original). The amount in controversy is judged as of the time of filing the complaint, and subsequent events will defeat jurisdiction only if they show that the plaintiff lacked a good faith basis for claiming over $50,000 at the time the complaint was filed. Id. 303 U.S. at 288-90, 58 S.Ct. at 590-91; see also Nationwide Mutual Fire Ins. Co. v. T & D Cottage Auto Parts and Service, Inc., 705 F.2d 685, 687 (3d Cir.1983). Thus, “[t]he inability of plaintiff to recover an amount adequate to give the court jurisdiction does not show his [or her] bad faith or oust the [court’s] jurisdiction. Nor does the fact that the complaint discloses the existence of a valid defense to the claim.” St. Paul Mercury Indem. Co., 303 U.S. at 289, 58 S.Ct. at 590 (citations omitted); accord Apicella v. Valley Forge Military Academy and Junior College, 630 F.Supp. 20, 24 (E.D.Pa.1985). Likewise, a verdict or settlement for less than the jurisdictional amount does not undermine the court’s jurisdiction. Moore, supra, at 834 (events “such as dismissal or compromise of claims ... do not affect jurisdiction”). In determining the amount in controversy, claims for punitive damages generally must be included in the computation. See, e.g., Bell v. Preferred Life Assur. Soc’y, 320 U.S. 238, 240, 64 S.Ct. 5, 6, 88 L.Ed. 15 (1943). A claim for punitive damages may be “stricken from the amount in controversy” only if it is “ ‘patently frivolous and without foundation’ because such damages are unavailable as a matter of law.” Packard v. Provident National Bank, 994 F.2d 1039, 1046 (3d Cir.1993) (citation omitted). The plaintiffs allege that jurisdiction is based upon diversity of citizenship and an amount in controversy for each member of the plaintiff class which exceeds $100,000. The objectors, on the other hand, argue that the exposure-only plaintiffs cannot in good faith allege damages in excess of the jurisdictional minimum. Applying the legal principles discussed above, courts in class action personal injury cases seeking unliquidated damages have uniformly held that it cannot be said to a “legal certainty” that any class member’s claim is for less than the jurisdictional amount. For example, in the class action brought on behalf of asbestos personal injury plaintiffs against the Manville Settlement Trust, both Judge Weinstein and the Second Circuit rejected the argument that some members of the class did not meet the amount in controversy requirement, even though the class included those who had not yet manifested an asbestos-related condition, and even though the settlement imposed a cap on some claimants below the $50,000 level. In re Joint Asbestos Litig., 129 B.R. at 793-94, 982 F.2d at 734. The class in that case consisted of “all beneficiaries of the [Manville] Trust who now have or in the future may have (a) any unliquidated claims for death or injury resulting from exposure to Manville asbestos_” 982 F.2d at 729 (emphasis added). Nevertheless, Judge Weinstein, relying on his own experience and on cases from other courts, took “judicial notice of the fact that the value of every claim in the complaint can in good faith be said to exceed $50,000 for the purpose of pleading.” 129 B.R. at 793-94. Also, under the proposed stipulation of settlement— which was filed simultaneously with the complaint — the maximum possible award to certain kinds of claimants was $30,000. 982 F.2d at 730. With respect to the settlement cap, Judge Weinstein noted that “[w]hile any plaintiff is free to settle a claim for less than the amount sought in the complaint, the amount that controls for jurisdictional purposes is what the claimant in good faith pleads.” 129 B.R. at 793. On appeal, the Second Circuit summarily rejected the challenge to these rulings, specifically agreeing that the settlement cap below $50,000 did not affect the Court’s jurisdiction. 982 F.2d at 734. The same conclusions have been reached in other class action product liability cases. The Second Circuit twice rejected an amount in controversy challenge in the Agent Orange litigation, even though (1) the class included “future claimants,” i.e., those who did not yet manifest a disease as a result of exposure to Agent Orange, and (2) the settlement provided no payment to many members of the class. Ivy, 996 F.2d at 1434; In re Agent Orange Prod. Liab. Litig., 818 F.2d 145, 157-58, 163 (2d Cir.1987). In the Ivy case, several class members who were classified as “future claimants” when the initial class action was settled in 1984 asserted that they had subsequently suffered injury as a result of their Agent Orange exposure and that they were not bound by the 1984 class action settlement. As with the standing issue, the Ivy plaintiffs argued that they could not be bound by the original settlement on the theory that their individual claims in 1984 (for not-yet manifested conditions) could not have satisfied the amount in controversy requirement. The Second Circuit disagreed, holding that it did not appear to a legal certainty that the claims of the plaintiff class, including the claims of the exposure-only plaintiffs, were really for less than the jurisdictional amount. Likewise, in a case involving the drug DES, a district court certified a class of women who had been exposed to DES in útero but had not developed cancer. The court rejected a challenge to the jurisdictional amount requirement as follows: Plaintiffs’ claimed damages are unliquidat-ed and subject to a jury’s evaluation of many subjective factors. I cannot now find to a legal certainty that the claim of any member of the plaintiff class is less than the jurisdictional amount. Payton v. Abbott Labs, 83 F.R.D. 382, 395 (D.Mass.1979), vacated on other grounds, 100 F.R.D. 336 (D.Mass.1983). Similarly, in the Daikon Shield litigation, the certified class included women “who had used the Daikon Shield but had not yet manifested an injury” from that use. In re A.H. Robins Co., 88 B.R. 742, 745 (E.D.Va.1988). Nevertheless, the Fourth Circuit rejected a challenge to the amount in controversy, noting that such personal injury claimants always sought an amount in excess of the jurisdictional amount and holding that it is “indisputable that it cannot be said to a ‘legal certainty’ that the jurisdictional amount herein was not satisfied.” In re A.H. Robins Co., 880 F.2d 709, 723-25 (4th Cir.1989). Finally, in the Bowling case discussed above, the court, in approving a class action settlement, rejected the argument that not all members of the plaintiff class met the $50,000 requirement, even though the heart valves implanted in several of the class members were, at the time of settlement, still functioning properly. The court stated that, “[ajlthough it is unlikely that the Plaintiffs would have made it to trial and then prevailed, had they done so, the Plaintiffs can assert in good faith that they would have received more than $50,000 each from a jury.” Bowling, 143 F.R.D. at 167. This the court held even though, had the parties not settled, the claims of these plaintiffs would probably have been dismissed for failure to state a claim upon which relief could be granted. The objectors argue that in spite of the holdings in the above-cited cases the exposure-only plaintiffs in this case have not met the amount in controversy requirement: (1) without a presently diagnosed asbestos-related condition, the exposure-only plaintiffs only have a cause of action for medical monitoring, if anything, and hence cannot recover more than $50,000, and (2) the proposed settlement itself shows that the amount in controversy does not exceed $50,000. I do not find it necessary to make a claim-by-claim analysis of the causes of action available to diversity plaintiffs in order to determine whether the plaintiffs have alleged the jurisdictional minimum. I conclude that it is enough that the kind of factual injuries alleged by the exposure-only plaintiffs— physical, monetary, and emotional injuries— plainly support a claim to more than $50,000. The Manville Trust, Agent Orange, DES, Daikon Shield, and Heart Valve cases discussed above included persons who had been exposed to the hazardous substance or product but manifested no compensable disease or condition, and the courts nonetheless found that the plaintiffs all met the jurisdictional minimum. None of those courts found it necessary or appropriate to make a detailed examination of the causes of action available to such persons for purposes of the jurisdictional amount requirement. Even those claims that would not be recognized under applicable law must still be counted for jurisdictional purposes. This is evident from the recent Third Circuit decision in Angus v. Shiley, Inc., 989 F.2d 142 (3d Cir.1993). In that case, the plaintiff alleged that she was suffering extreme anxiety and emotional distress as a result of learning that her implanted heart valve, which had been manufactured by the defendant, might fracture in a fashion that could cause death or serious injury. Her suit seeking compensatory damages for emotional distress and punitive damages was brought in Pennsylvania state court and removed by defendant to federal district court. The district judge rejected plaintiffs motion to remand the case to state court and dismissed the ease on the merits for failure to state a claim. On appeal, the plaintiff first contended that the district court had lacked diversity jurisdiction because her claims did not satisfy the amount in controversy requirement. The Third Circuit rejected this contention: Given that the complaint does not limit its request for damages to a precise monetary amount, the district court properly made an independent appraisal of the value of the claim, ... and reasonably found that the actual amount in controversy exceeded $50,000 for there can be no doubt that a reasonable jury likely could have valued Angus’ losses at over $50,000. Id. at 146 (footnote omitted, emphasis added). Turning to the merits, the court upheld the dismissal of Angus’ complaint for failure to state a claim, finding that Pennsylvania would not allow a cause of action for emotional distress under the circumstances. Id. at 147. With its decision in Angus, the Third Circuit in essence held that claims for damages for emotional distress in product liability cases should be included in determining whether the jurisdictional amount is met, even when those claims ultimately must be dismissed for failure to state a valid claim. See also Bowling, 143 F.R.D. at 167. The settling parties argue that the “lesson” from Angus was in fact required by the general rule that a court does not lose jurisdiction even when “the complaint discloses the existence of a valid defense to the claim.” St. Paul Mercury Indem. Co., 303 U.S. at 289, 58 S.Ct. at 590. Alternatively, even if a claim-by-claim examination is necessary, the exposure-only plaintiffs have alleged a cognizable claim for medical monitoring and punitive damages. On this point most of the objectors concede, and I agree, that the claim for medical monitoring is not frivolous. Those objectors assert, however, that damages for medical monitoring cannot exceed approximately $500 per year, or approximately $10,000 per claimant. But the plaintiffs also seek punitive damages. As noted above, claims for punitive damages must be counted in determining whether the jurisdictional amount has been satisfied unless they are "patently frivolous and without foundation." Packard, 994 F.2d at 1046. Conceding this, one of the objectors contends that punitive damages are not available at all when only medical monitoring damages can be sought, arguing that: there is no authority to suggest that the `exposure only' plaintiffs' nominal claims for medical surveillance-without more-would support an award of punitive damages. Indeed, it appears that no court in any jurisdiction has ever upheld such an award. Accordingly, the punitive claims must be stricken from the amount in controversy. Brief of the law firm of Baron & Budd (“Baron Brief’) at 33 (emphasis in the original). The objectors suggest, in effect, that if no known or reported decision has upheld an award of punitive damages in such circumstances, I must conclude to a “legal certainty” that punitive damages could never be awarded. This, however, is not the law. The “legal certainty” test requires that such a claim be unavailable as a matter of law. Packard, 994 F.2d at 1046. In other words, controlling adverse precedent is required to show that a claim would certainly fail. In any event, it is not uncommon for plaintiffs to join claims for punitive damages with claims for medical monitoring. The potential substantiality of such claims is shown by In re Fernald Litig., 1989 WL 267039, 1989 U.S.Dist. LEXIS 17764 (S.D.Ohio 1989). There the court approved a class action settlement of claims brought by owners of property adjacent to a nuclear facility and certain current and former employees of the facility. In evaluating the settlement, the court noted that, to facilitate settlement, it had conducted an advisory summary jury trial in which the non-binding verdict included “$1,000,000 for diminution of property values, $80,000,000 for a medical monitoring fund, and $55,000,000 for punitive damages.” Id., 1989 WL 267039, at *2, 1989 U.S.Dist. Lexis 17764, at *4. I distinguish Linkous v. Medtronic, Inc., 1985 WL 2602 (E.D.Pa. Sept. 4, 1985), upon which the objectors rely in support of their claim that the exposure-only plaintiffs cannot add punitive damage claims to medical monitoring claims in order to meet the jurisdictional minimum. In Linkous, the plaintiffs sought to certify a separate class for punitive damages claims. The court ruled that the class in that case failed to meet the requirements for certification. Id., at *8. In light of that ruling, the court also held that the amounts sought in punitive damages could not be used to establish that the plaintiffs in the remaining two classes met the jurisdictional amount requirement. Id., at *4, *7. Here, by contrast, the class itself includes plaintiffs’ claims for both compensatory and punitive damages, which thus are both counted in deciding the jurisdictional amount issue. The objectors also contend that punitive damages could not be awarded in a sufficient amount to exceed $50,000 when combined with the award for medical monitoring damages because “in Pennsylvania punitive damages must be reasonably related, and not disproportionate, to the amount of compensatory damages.” Baron Brief at 31-32. The objector’s argument mistakenly invokes the law of only one state, and also misstates that law. This is a nationwide class action in diversity jurisdiction, and the class members’ claims are subject to the laws of the various states, not just Pennsylvania. In any event, this Court recently noted in applying Pennsylvania law that “punitive damages need not bear a reasonable relationship to compensatory damages.” Fine v. State Farm Fire & Cas. Co., 1993 WL 196888, *1, 1993 U.S.Dist. LEXIS 7682, at *4 (E.D.Pa. June 11, 1993) (citing Kirkbride v. Lisbon Contractors, Inc., 521 Pa. 97, 555 A.2d 800 (Pa.1989)). And, in light of the recent Supreme Court decision of TXO Production Corp. v. Alliance Resources Corp, — U.S. -, 113 S.Ct. 2711, 125 L.Ed.2d 366 (1993), where a punitive award 526 times greater than the compensatory award was upheld, it cannot be argued with legal certainty that the Constitution imposes any requirement that punitive damages bear a reasonable relationship to compensatory damages. In short, there is no mathematically certain limit on the amount of punitive damages that might be awarded to the plaintiffs in this case. In fact, th