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Maritime Transport Duty to Warn

McGlinchey Stafford

Maritime Products Liability Law: Understanding the Fundamentals

McGlinchey Stafford on

The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...more

Maron Marvel

Impact of DeVries Decision Regarding Bare Metal Defense in Asbestos Litigation Primarily Limited to Maritime Cases

Maron Marvel on

Three years and one pandemic after the U.S. Supreme Court provided guidance in March 2019 on the bare metal defense in asbestos litigation commonly known as “DeVries,” the bare metal defense is alive and well. Some predicted...more

Faegre Drinker Biddle & Reath LLP

A Component Part Supplier’s Duty to Warn Following the U.S. Supreme Court’s Maritime Asbestos Decision

Under the Restatement (Third) of Torts: Products Liability § 5, Comment b (1998), the supplier of a product generally must warn about only those risks associated with the product itself, not those associated with the...more

Fox Rothschild LLP

The Ex Post Facto Effect: The U.S. Supreme Court’s DeVries Decision And Asbestos Litigation In The United States

Fox Rothschild LLP on

Colleagues and clients frequently pose the question whether after more than forty years the asbestos litigation juggernaut has finally neared its inevitable conclusion. The United States Supreme Court’s recent decision in...more

Blank Rome LLP

The Supreme Court Adopts a Middle of the Road Approach When Deciding a Manufacturer’s Duty to Warn in the Context of Maritime Tort...

Blank Rome LLP on

On March 19, 2019, the U.S. Supreme Court in Air & Liquid Systems Corp. v. Devries held that, under maritime law, a product manufacturer has a duty to warn of asbestos or other hazardous parts when its own product, although...more

Beveridge & Diamond PC

Too Much to “Bare”: US Supreme Court Rejects Bare Metal Defense Under Federal Maritime Law

In an eagerly anticipated decision by the asbestos bar, the United States Supreme Court in Air & Liquid Systems et al. v. DeVries et at., Dkt. No. 17-1104, 2019 WL 1245520 (March 19, 2019) rejected the “bare metal defense” as...more

Polsinelli

U.S. Supreme Court Rejects Asbestos Defendants “Bare Metal Defense” in Maritime Cases

Polsinelli on

In Air & Liquid Sys. Corp. et al. v. DeVries et al., No. 17-1104 (March 19, 2019), the U.S. Supreme Court held that under federal maritime law, a product manufacturer has a duty to warn when its product requires the...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Limits “Bare Metal Defense”

On March 19, the U.S. Supreme Court decided the case of Air & Liquid Systems Corp. v. Devries, affirming the ruling of the U.S. Court of Appeals for the Third Circuit in this maritime tort case involving the availability of...more

Cozen O'Connor

SCOTUS Rejects Bare Metal Defense in Maritime Products Liability Actions Involving Asbestos Exposure

Cozen O'Connor on

On March 19, 2019, the U.S. Supreme Court decided the first case involving maritime law in several years. In Air & Liquid Systems Corp. et al v. Devries, et al, 586 US ___ (2019), Justice Kavanaugh, writing for the majority...more

Husch Blackwell LLP

U.S. Supreme Court Narrows “Bare Metal Defense” For Maritime Asbestos Cases

Husch Blackwell LLP on

In its decision Tuesday, the U.S. Supreme Court held, under maritime law, that manufacturers can be held liable for injuries caused by asbestos-containing parts manufactured and added to their products by third parties. The...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Air & Liquid Systems Corp. v. DeVries

On March 19, 2019, the Supreme Court decided Air & Liquid Systems Corp. v. DeVries, No. 17-1104, holding that in the maritime tort context, a product manufacturer has a duty to warn when: 1) its product requires incorporation...more

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