Norris v. Crane Co.
- Case Date: 5/20/2008
- Project Name: Civil Justice Reform
On June 25, 2008, the California Supreme Court declined to review a lower court decision that allows those suffering from asbestos-related illnesses to file suit against virtually any firm that has ever manufactured a product containing asbestos, even where there is little or no evidence that the firm's product caused the illness. The decision not to hear the case was a setback for WLF, which filed a brief urging the court to grant review. WLF argued that liability should not be imposed in the absence of evidence that a defendant's product was a substantial factor in the onset of illness. Evidence that the plaintiff was exposed on one or two occasions to a product containing asbestos is insufficient to establish causation. WLF also argued that use of the "consumer expectations" test "a test for liability that asks whether the product performed as well as its consumer could reasonably expect" was inappropriate, because the plaintiff was not a consumer of the defendant's products.
More Information and Downloads:
5/20/2008: Download the Brief
Litigation Update: Court Passes Up Opportunity to Rein in Asbestos Liability Suits
Press Release: Court Urged to Rein in Asbestos Liability Suits