“Sophisticated User” Doctrine Rejected by Court in Mesothelioma Case
Judges on an appellate panel overseeing an asbestos lawsuit in California rejected an assertion by defendants that the case was collaterally estopped because of a Pennsylvania case involving the same plaintiff, when justices there granted summary judgment on the basis of the sophisticated user doctrine. The California case is not estopped because, justices ruled, it […]
Christensen v. Alaska Sales – Seat Belt Defect Case Headed to Trial
A driver who suffered brain damage after a 2008 collision has finally been cleared to take her case to trial against the dealership for an allegedly defective seat belt that failed to protect her. The product liability lawsuit, Christensen v. Alaska Sales & Service, Inc., highlights the very real problem of vehicle defects, and how the […]
Court Affirms Asbestos Verdict Favoring Man With Hodgkin’s Lymphoma, Asbestosis
An Ohio appellate court affirmed a verdict favoring a man who asserted his Hodgkin’s lymphoma and asbestosis were the result of occupational exposure to asbestos while he worked at Ford Motor Co. His employment spanned from 1973 to 1997. This is one of the first cases in which a patient’s Hodgkin’s lymphoma was recognized as […]
Mesothelioma Cases Need More Proof Than Mere Perception
A California man with mesothelioma, likely as a result of exposure during his military service in the U.S. Navy, filed a lawsuit against defendants saying he “just knew” the products at issue contained asbestos. Unsurprisingly, the U.S. Court of Appeals for the Third Circuit recently upheld the trial court’s summary judgment in favor of the […]
