Tag Archives: mesothelioma

California Supreme Court Tackles Sophisticated Intermediary Doctrine

Raw suppliers that place their products in the stream of commerce face a dilemma regarding the uncertainty of their duty to warn of the potential hazardous nature of their products. The sophisticated intermediary doctrine is one weapon a raw supplier has against the presumption that a supplier of a hazardous raw material has a general duty to warn all downstream users. The sophisticated intermediary doctrine originated in the Restatement Second of Torts in an attempt to define the duty of a supplier. The doctrine allows…

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Continued Trend of Consolidation of Asbestos Cases Makes Defense More Difficult

We have seen a continued trend by the Supreme Court in the New York First Department to consolidate asbestos cases. This has proven to be disadvantageous for asbestos defendants, primarily because it significantly increases the risk of one defendant’s case being hampered by the evidence against another defendant – even though the respective fact patterns may differ substantially. Indeed, it is not uncommon for eight, nine, or even ten cases to be consolidated. The jury in those situations will not only hear about one plaintiff’s…

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