New York Supreme Court, Appellate Division

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Case Updates

Asbestos case settled on appeal

November 16, 2009

Parties involved in this asbestos case settled the case on appeal.

U.S. Chamber files amicus brief rejecting post-sale duty to warn

August 19, 2009

NCLC urged a New York court to hold that a product manufacturer is not liable for failing to warn about hazardous products used by others in combination with its products. In this case, a third party affixed asbestos to boilers sold by Foster Wheeler. A lower court held that the manufacturer was liable for failing to warn about the asbestos added to the boilers post-sale. If a broad duty is upheld, the court would not only expand asbestos liability but could expand the duty to warn for others as well. In its brief, NCLC described the asbestos litigation environment and argued that expanding the post-sale duty to warn represented unsound public policy.

Case Documents