U.S. Court of Appeals for the Fifth Circuit

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Case Updates

Plaintiffs voluntarily dismissed their appeal to the Fifth Circuit 

June 16, 2014

The plaintiffs moved to dismiss their appeal in this case against CBS/GE alleging a duty to warn about a third party’s asbestos-containing external insulation or replacement part.

U.S. Chamber files amicus brief

February 04, 2014

In it’s coalition brief, the U.S. Chamber asks the Fifth Circuit to affirm a district court’s ruling and confirm that CBS and GE are not liable for the claims arising from exposure to asbestos insulation in products that were manufactured, supplied and distributed by other companies. The brief explains that fundamental tort law holds that manufacturers outside of the chain of distribution cannot be held responsible for harms caused after the sale by third party additions of asbestos to their products. The Chamber argued that courts have refused to extend liability to manufacturers of products that are used in conjunction with products by third parties that cause harm outside the asbestos context and that by imposing liability on a defendant for an asbestos product would represent unsound public policy.

The Chamber filed the brief jointly with Litigation Justice, Inc.

Mark A. Behrens of Shook, Hardy & Bacon LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center in this case.

Case Documents