Notable pending asbestos appeal, and the argument red-light

One of CA3’s bigger pending cases, Williams v. BASF, was argued March 13. The defendants are accused of destroying evidence of products containing asbestos; key appeal issues include choice of law, waiver, and Anti-Injunction Act. One of the arguing attorneys was appellate star and former assistant solicitor general Kannon Shanmugam; another was Eugene Assaf, a former Weis clerk.

At the outset of argument (the audio file is here; panel was McKee, Ambro, and Fuentes), McKee noted the case’s complexity. He said, “I don’t usually ride the clock anyhow,” (0:16) and advised, “Don’t be surprised if the red light goes on and no one asks you to sit down.” (0:30). He wasn’t lying: the argument ran over 2 hours. (True story: a CA3 panel once laughed at me for saying my time had expired.)

I’m a mass-tort nerd from way back, so I’ll be watching the outcome here.