Supreme Court Takes Up Asbestos ‘Bare-Metal Defense’ (1)

May 14, 2018, 1:39 PM UTCUpdated: May 14, 2018, 8:14 PM UTC

The U.S. Supreme Court will consider whether a manufacturer may be held liable under maritime law for asbestos-related injuries caused by third-party components.

Application of the “bare-metal defense,” which shields a manufacturer from liability for aftermarket replacement parts containing asbestos made by another company, has divided the federal circuits.

Air & Liquid Systems Corp., CBS Corp., and Foster Wheeler LLC have asked the high court to overturn a U.S. Court of Appeals for the Third Circuit ruling that manufacturers may face liability for third-party component parts if the injury was reasonably foreseeable.

However the court rules, the precedent will be ...

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