Bloomberg Law
May 15, 2018, 9:27 AM UTC

Supreme Court Takes Up Asbestos ‘Bare-Metal Defense’

• Supreme Court to weigh liability of manufacturer for third-party asbestos parts • Circuit Courts are split on the issue

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 Circuitrulingthat manufacturers may ...

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