Supreme Court to hear appeal of asbestos exposure case

16 May 2018 by under Legal

Lady justice Dublin L 100x100 Supreme Court to hear appeal of asbestos exposure caseThe U.S. Supreme Court will hear the appeal of a Third Circuit decision in two consolidated lawsuits that held companies accountable under maritime law for asbestos-related injuries if the companies could have reasonably known that asbestos was added to their products by third parties, according to Law360.

The consolidated lawsuits were brought by two former and now deceased U.S. Navy veterans who claimed they developed lung cancer from asbestos exposure while working on ships during their military service. Roberta G. Devries claimed her husband John B. Devires was exposed to asbestos in insulation and other components while working on the USS Turner from 1957 to 1960. Shirley McAfee claims her husband Kenneth McAfee was exposed to the carcinogenic fibrous mineral while working on two ships at the Philadelphia Naval Shipyard in the 1970s.

In October, the Third Circuit found the companies liable for asbestos products made and sold by third parties. But in January, industrial manufacturer ., and others, petitioned the Supreme Court that the Third Circuit’s ruling contradicted a Sixth Circuit ruling on the same issue.

The Third Circuit rejected a bid for summary judgment finding that a manufacturer can be held liable for asbestos-related injuries from third party products if it could have reasonably known that asbestos is dangerous and that its products would be used with parts that contain asbestos.

“The Third Circuit’s holding grew out of its view that the question whether manufacturers should be held liable for injuries caused by others’ asbestos is really all about foreseeability,” the companies argued in the petition.

Asbestos is a mineral that has been used in a variety of building materials. Exposure to asbestos has been linked to (a rare type of cancer that affects the lining of the lungs or other organs), lung cancer, and asbestosis (a lung disease that can lead to ).

Source: Law360

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