May v. Air & Liquid Systems, Inc.


(Md., filed in May of 2015): Arguing that a manufacturer does not has a duty to warn with respect to asbestos-containing products manufactured, supplied, or placed in the stream of commerce by third-parties.

Court remanded case back to lower court

On December 18, 2015, the Court held that a company is not generally liable for asbestos-containing parts it does not manufacture or place into the stream of commerce, but recognize that narrow circumstances exist where a manufacturer can be liable for products it has not touched.  A manufacturer will have a duty to warn under negligence and strict liability when (1) its product contains asbestos components, and no safer material is available; (2) asbestos is a critical part of the pump sold by the manufacturer; (3) periodic maintenance involving handling asbestos gaskets and packing is required; and (4) the manufacturer knows or should know the risks from exposure to asbestos.  The case was remanded back to the lower court.

Latest News

View all news

More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]