asbestos mesothelioma

Products Liability: Take-Home Exposure

Kesner v. Superior Court, (First District, May 15, 2014) 2014 WL 1962217, — Cal.Rptr.3d —-, 14 Cal.Daily Op. Serv. 5376, 2014 Daily Journal D.A.R. 6110 A man who contracted mesothelioma filed suit against his uncle’s employer, a brake lining manufacturer, alleging that his disease was caused by exposure to asbestos which his uncle brought home…

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Punitive Damages: Conflict of Laws

Scott v. Ford Motor Company, (First District, March 26, 2014 | Certified for Partial Publication) 2014 WL 1244358 — Cal.Rptr.3d —-                  A former owner and operator of multiple service stations filed an action against Ford Motor Company, alleging that exposure to asbestos while servicing brakes and clutches…

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Products Liability: Noerr-Pennington Doctorine

Hernandez v. Amcord (2013) 215 Cal.App.4th 659, 156 Cal.Rptr.3d 90 A man who was diagnosed with mesothelioma brought a products liability action against the manufacturer of a plastic cement which contained asbestos. The plaintiff alleged that while working as a carpenter and in the construction industry his exposure to asbestos in the product was a…

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Duty To Warn: Sophisticated User

Webb v. Special Electric Company, Inc. (2013) 214 Cal.App.4th 595, 153 Cal.Rptr.3d 882 A man who allegedly contracted mesothelioma as a result of working for many years around pipe containing asbestos, filed a product liability action against Johns-Manville, the pipe manufacturer, as well as Special Electric, a company which supplied bags of asbestos to Johns-Manville….

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Products Liability: Punitive Damages

“[T]he evidence also supports a different interpretation; that [defendant] did not share its knowledge of the dangers of asbestos with its customers or with individuals who would, predictably, be exposed to dust from its products, and that it instead sought to downplay the risk.”

Products Liability: Replacement Parts

“A manufacturer is liable in strict liability for the dangerous components of its products, and for dangerous products with which its product will necessarily be used. That was appellants’ evidence… We can see no relevance to the fact that the injury was caused by the operation of its product in conjunction with a replacement part which is no different than the original.”

Products Liability: Replacement Parts

“Other manufacturers cannot be expected to determine the relative dangers of various products they do not produce or sell and certainly do not have a chance to inspect or evaluate.”