On March 19, 2019, the Supreme Court decided Air & Liquid Systems Corp., et al. v. DeVries, which concerned whether federal maritime law requires a manufacturer of non-asbestos containing parts -- like pumps, turbines and blowers for Navy ships -- to warn Navy sailors when it is likely asbestos will be used with those parts later (in this case as insulation or connected parts). The plaintiffs were two Navy veterans (and their families) who had been exposed to asbestos, developed cancer and died. They sued the manufacturers of the non-asbestos containing products for failing to warn. The district court granted summary judgment in favor of the manufacturer but the Third Circuit vacated and remanded arguing for application of a foreseeability test.
The plaintiffs argued that the manufacturers had a duty to warn because they knew that asbestos would be required to be incorporated with their parts to function properly. The defendants argued that they had no duty to warn because they were not incorporating the asbestos with their product, the Navy was.
The Supreme Court, by a vote of 6-3, in an opinion by Justice Kavanaugh held that “a product manufacturer has a duty to warn when (i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and (iii) the manufacturer has no reason to believe that the product’s users will realize the danger.” The Court noted that they did not agree with the entirety of the Third Circuit’s reasoning but affirmed its judgment directing the district court to reconsider its grant of summary judgment.
Karen Harned will discuss the Supreme Court’s decision and what it could mean for product liability law outside of the maritime context.
Featuring:
Karen R. Harned, Executive Director, NFIB Small Business Legal Center

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