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.

Joining Vanaskie were Shwartz and Restrepo. Arguing counsel were Richard Myers of Paul Reich for the appellants and Emily Kennedy of Jones Day for the appellees.