Category Archives: Asbestos
Great News For Asbestos and Mesothelioma Victims
This morning’s 6-3 opinion in Air and Liquid Systems Corp. v. DeVries affirms the decision of the lower court holding that the manufacturers of asbestos-dependent equipment used on Navy ships can be held liable to sailors who became ill because of their contact with the asbestos.
Today the #SCOTUS ruled in Air & Liquid Systems Corp. v. DeVries that product manufacturers has a duty to warn when its product requires incorporation of parts and the manufacturer has no reason to believe that the product’s users will realize that danger.https://t.co/mnzd0pRMeM
— SCOTUS-Toons (@scotusToons) March 19, 2019
Because the case involves liability for conduct at sea, the dispute arises under the “maritime law,” a type of federal common law for which the U.S. Supreme Court is the final authority. In the same way that the New York Court of Appeals is the final authority for the law of negligence in accidents that occur in New York, the U.S. Supreme Court sets the rules for tort liability when the injury occurs at sea.
In this case, the injuries arise from equipment that the defendants manufactured and sold to the Navy in a “bare-metal” state. The equipment would not function properly without the application of asbestos, but the manufacturers did not themselves apply the asbestos. Rather, the Navy or its agents did. The Navy appears to have sovereign immunity from this type of liability, and the asbestos manufacturers are all bankrupt. Thus, the only people from whom the sailors can hope to recover are the manufacturers of the equipment to which the Navy applied the asbestos.
The trial court adopted a “bare-metal” defense, under which manufacturers cannot be liable for injuries from equipment (the asbestos insulation) that they did not make, sell or distribute. The court of appeals, by contrast, held that the manufacturers were liable if the harms from application of the asbestos were foreseeable. The Supreme Court, in an opinion by Justice Brett Kavanaugh, adopts a middle standard, under which the manufactures are liable if the product required incorporation of a part (the asbestos) and the manufacturer had reason to know that the integrated product would be dangerous for its intended uses.
SCOTUS holds, if a product requires a component, & the manufacturer shd know the type of component to be used will render the product dangerous for its intended uses, not obvious to users, the manufacturer has a duty to warn. Air & Liquid v. Devries.https://t.co/mv59sZUjy3
— Alani Golanski (@alanigolanski) March 19, 2019
The opinion proceeds by explaining the flaws in the two alternate approaches that persuade the Supreme Court to adopt the “required-incorporation” standard. On the one hand, the opinion expresses “agree[ment] with the manufacturers that a rule of mere foreseeability would sweep too broadly.” Kavanaugh notes that products “can foreseeably be used in numerous ways with numerous other products and parts,” and suggests that “[r]equiring a product manufacturer to imagine and warn about all of those possible uses … would impose a difficult and costly burden on manufacturers.”
Conversely, Kavanaugh also rejects the proposed “bare-metal” defense. As he explains, few quarrel with the rule of the “Restatement of Torts” that a manufacturer has a duty to warn if it “‘knows or has reason to know’ that the product ‘is or is likely to be dangerous for the use for which it is supplied.’” For the majority, there is “no persuasive reason to distinguish” that situation from the situation at hand, “when the manufacturer’s product requires incorporation of a part that the manufacturer knows or has reason to know is likely to make the integrated product dangerous for its intended uses.”
Kavanaugh also rejects the manufacturers’ argument that warning by manufacturers will be counterproductive and impractical, first by referring to economic literature suggesting that “the product manufacturer will often be in a better position [to warn] than the parts manufacturer,” and second by scoffing at the suggestion that the warning requirement will “meaningfully add” to existing disclosure obligations. Finally, Kavanaugh notes the court’s longstanding “longstanding solicitude for sailors” and suggests that the maritime context – in which the plaintiffs are “families of veterans who served in the U.S. Navy” – makes liability “especially appropriate.”
1st #SCOTUS opinion in No 17-1104 Air and Liquid Systems Corp v. Devries re: product liability in maritime law
— Kimberly Robinson (@KimberlyRobinsn) March 19, 2019
The court divides sharply on the question, with Justice Neil Gorsuch (joined by Justices Clarence Thomas and Samuel Alito) dissenting. In general, the dissenters believe that the court’s “required-incorporation” standard is lacking in “meaningful roots in the common law” and also too vague for predictable application. For that group, the bare-metal defense adopted by the district court provides a better answer.
[Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondent in this case. The author of this post is not affiliated with the firm.]
The post Opinion analysis: Justices affirm maritime liability for manufacturers of asbestos-dependent equipment appeared first on SCOTUSblog.
Asbestos plaintiffs seek friendly results in Madison County
A county in downstate Illinois has almost three times as many asbestos-related lawsuits as any other county in the nation.
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— protectMOworkers (@ProtectMOWorker) March 23, 2017
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— Construction News (@constr_material) March 22, 2017
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Hurricane Matthew Leaves a Path of Property Damage and Indoor Environmental IssuesFloods can bring not just rainwater into a home, however also infections, germs and chemical impurities. Flood waters are available in contact with many structures, so sewage and possible chemical hazards may have penetrated and soaked the interior of harmed properties. Eliminating particles or reconstructing a home can trigger fibers from asbestos-containing products to become aerosolized. Inhalation threats associated with asbestos fibers include lung cancer and mesothelioma cancer. The disturbance or removal o.
Mesothelioma Compensation Center Now Makes Navy Veterans with Mesothelioma a Reality …WASHINGTON, Oct. 12, 2016/ PRNewswire/– The Mesothelioma Payment Center states, “We are now offering an US Navy Veteran, or their relative, a truth check when it concerns hiring a lawyer or law firm to assist with a mesothelioma cancer Hearing the words ..payment claim if they would call us at 866-714-6466. Our primary goal is to see to it that a United States Navy Veteran with mesothelioma gets the very best possible expedited monetary payment for this unusual form of cancer.
Using Nanoparticles to Enhance Efficiency of Immunotherapy in Mesothelioma cancer and Lung CancerImmunotherapy for lung cancer and mesothelioma has taken the spotlight recently for treating the aggressive, perilous cancers. Survival for some clients treated with these therapies designed to kick the immune system back into equipment has been improved, but still others stay unfazed by the treatment. Now, researchers report they have found a way to “spur” specific immunotherapy treatments into action with nanoparticles. A group of researchers from the University of Chicago set out t.
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There are calls for tighter policies to prevent harmful asbestos material winding up in … It follows recent revelations that rubble from Hobart’s struggling Parliament Square site was dispersed to schools in Tasmania. See all stories on this subject Bills Introduced in Congress to Restriction Asbestos, BPA Different costs were recently presented in the United States House of Representatives that look for to strictly limit the use of 2 of the most contentious chemicals in the marketplace. Sen. Barbara Fighter(D-Calif.) presented the Alan Reinstein Restriction Asbestos Now Act of 2016. If passed, the costs would amend TSCA and force the EPA to impose limitations that”permanently get rid of the possibility of exposure to asbestos, “Chemical Watch reports. The bill would require that the limitations be put …
Mesothelioma (also known as malignant mesothelioma) is one of the rare types of cancer and is acquired when a patient is exposed to asbestos. It is a kind of cancer that attacks the mesothelium, which is a thin membrane that covers some internal organs especially the lungs, abdomen, and the heart. It is known commonly to cause lung cancer. Of course we know that cancer is the most unbearable illness a patient could ever have in life. It does not only make a patient suffer physically but emotionally as well. More emotional pains are evident to the family of the victim as well; thus, it is a big burden of life.
Mesothelioma is due to a patient’s exposure to asbestos. The United States Armed Forces used asbestos to create vehicles, buildings, and ships which logically results to a lot of people exposed to this frightening mineral, from the soldiers to the workers. During the 2nd World War, many soldiers were exposed to this type of mineral. As a result, many of our veterans today have some cancers connected to this mineral.
Mesothelioma has three major types that an individual must be aware of: pleural mesothelioma, peritoneal mesothelioma, and pericardial mesothelioma.
- Pleural Mesothelioma is the most widely known type of mesothelioma disease that exists in the lungs and can eventually turn into a lung cancer. It is a cancerous disease that affects the thin membrane that lubricates the cells on the lungs and chest. This thin membrane is called pleura. The symptoms of this disease do not appear until a long period of time, but even so, its symptoms are sometime mistakenly interpreted as pneumonia and influenza.
- Peritoneal Mesothelioma is the next most widely known type of mesothelioma disease that affects the abdomen. This type of disease affects the lining of the abdomen called peritoneum. Some symptoms that are evident when a patient has this disease are weight loss, abdominal swelling, and bowel blockage.
- Pericardial Mesothelioma is a disease related to mesothelioma. The tiny asbestos fiber enters a membrane of the heart called pericardium, but it is still unclear how the tiny fibers enter the pericardium. This case of mesothelioma is caused by an exposure to asbestos. Its symptoms are not evident until a long period of time after an exposure to asbestos; thus, its symptoms are sometimes interpreted as another kind of heart condition. Some of the symptoms are fatigue, pain in the chest, and some respiratory issues.
These diseases are life-threatening but hard to diagnose that is why patients who have these symptoms are often recommended to an MRI.