In re: Asbestos Prods. Liability Litig. — maritime — partial reversal — Vanaskie
The Third Circuit today held that, under maritime law, a manufacturer of a “bare-metal” product (one sold prior to installation of an asbestos part) may be held liable for asbestos-related injuries under the familiar tort reasonable-foreseeability test.
The court also held that the appellant waived a different theory of liability by raising it in their opening brief only in a footnote asserting that they did not waive it.