Product Liability -- active

Roverano v. John Crane, Inc.   (Pennsylvania Supreme Court)

Apportionment of asbestos liability

The NAM filed an amicus brief in the Pennsylvania Supreme Court that seeks to uphold application of a Pennsylvania law that fairly apportions asbestos liability on companies in proportion to their fault rather than applying a pro-rata approach that would impose excessive liability on some manufacturers. The case arose from an employee’s lawsuit against 30 companies for asbestos exposure. A Pennsylvania trial court found six companies liable and divided the employee’s damages equally among the six companies. The court failed to comply with Pennsylvania’s “Fair Share Act,” which requires courts to apportion asbestos liability based on each defendant’s relative fault in causing a plaintiff’s injuries. By contrast, a pro-rata approach unfairly imposes more liability on some manufacturers than they legally bear responsibility for. On appeal to the Pennsylvania Supreme Court, the NAM’s amicus brief argues that asbestos liability should follow the Fair Share Act and argues against other legal loopholes that impose heightened financial damages on manufacturers.

Related Documents:
NAM brief  (November 16, 2018)


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