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Seminars
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February 9-10, 2012
Miami, FL
DRI Publications
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| Featured Articles |
Pending California Appellate Decision Set to Define the Extent of the Sophisticated User Defense Established in Johnson v. American Standard
by Jeff Coons and James G. Scadden
 In the coming months, more than two years after the California Supreme Court unanimously adopted the "sophisticated user defense" in Johnson v. American Standard, Inc., (2008) 43 Cal. 4th 56, the Second District Appellate Court is poised to determine the extent of the defense in California. Plaintiffs Eugene and Elizabeth Rollin have appealed the trial court ruling granting Foster Wheeler, Elliott Turbomachinery and Yarway, Inc.'s ("defendants") motions for judgment notwithstanding the verdict ("JNOV") based on Johnson, which overturned the jury's $10 million verdict in plaintiffs' asbestos-related mesothelioma suit.
[FULL STORY]
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"Take-Home" Premises Liability Asbestos Exposure Claims - 2010 Update
by Carter E. Strang and Karen E. Ross
 Introduction
"Take home" liability continues to generate new plaintiffs, cases, and case law. Such claims are asserted on behalf of claimants that have never set foot on the premises but allegedly were exposed to asbestos through their spouses or others who brought it home on their clothing. They are referenced as "take-home" liability asbestos exposure claims, though they are also commonly referenced as "household," "bystander," "secondary," or "second-hand" exposure claims. The claims are asserted against manufacturers of products allegedly utilized at such premises and against premises owners, and the number of both types of claims is increasing. It is the latter claims that are the subject of this article--the third yearly monograph by the authors on the topic-- which will provide a comprehensive overview and update of the status of such claims. [i]
[FULL STORY]
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