One More Time: Another Take on the National Scene of the “Bare-Metal Defense” in Asbestos Litigation
Steven F. Satz, Of Counsel with our Environmental & Toxic Tort Department, and Richard J. Mirra, Of Counsel with our General Liability Department, wrote an article titled, "One More Time: Another Take on the National Scene of the 'Bare-Metal Defense' in Asbestos Litigation" for the New Jersey Defense Association's Summer Magazine issue.
The article speaks on Bare-Metal Defense in asbestos litigation, and where the duty to warn falls in regards to asbestos-containing parts.
Excerpt: "The major manufacturers of asbestos have all gone bankrupt or ceased to exist due to the onslaught of asbestos related injury claims. Plaintiffs are now seeking to expand liability for failure to warn defendants who did not produce asbestos, but whose products are used with or incorporate asbestos-containing parts such as gaskets, packing or insulation. The manufcturers of such products typically maintain that they are no liable for injuries cause by asbestos-containing parts that they did not manufacture or place into the stream of commerce."