Product Liability -- 2017



Juni v. A.O. Smith Water Prods. Co.   (N.Y. App. Div.)

Opposing any exposure theory of causation in asbestos case

The NAM filed an amicus brief urging a New York appellate court to uphold a lower court’s rejection of the plaintiff’s exposure theories in an asbestos litigation. The lower court dismissed the plaintiff’s claims that mechanics, who were engaged in work with brakes, clutches and gaskets, as well as their family members, suffered harm because they were exposed to small amounts of chrysotile asbestos contained in those parts. It is important to manufacturers that the standards applied in asbestos litigation are consistently applied. The NAM’s brief argued that the plaintiff’s “no safe dose” theory for a carcinogen was not scientifically sound because dose assessment is critical to all toxins and the plaintiff’s argument of mere exposure was insufficient to prove the case. In a win for manufacturers, the appellate court upheld the lower court’s decision.


Related Documents:
NAM reply brief  (July 15, 2016)
NAM brief  (March 30, 2016)