Asbestos Case Among First for Kavanaugh in Supreme Court

The U.S. Supreme Court on Wednesday will hear a product liability case filed by widows of Navy sailors seeking to recover damages for injuries related to asbestos exposure. It will be the third case on the docket for Justice Brett Kavanaugh, who was sworn in Saturday by Chief Justice John Roberts and retiring Justice Anthony Kennedy. The asbestos case, Air and Liquid Systems Corp. v. DeVries, involves a group of Navy sailors who developed mesothelioma from asbestos exposure. Defendants include Air & Liquid Systems and other large companies that manufactured equipment used by the Navy. Key facts about the case: Equipment sold by the companies typically had asbestos insulation added by third-party companies (now bankrupt) after the Navy purchased the machinery. The companies designed the equipment for use with asbestos insulation, a common building material in Navy ships for much of the 20th century. The machinery would not have functioned safely without the asbestos insulation. Injuries that occur at sea are typically outside of the territorial boundaries of any particular state. These cases fall under general maritime law where the ultimate authority is the Supreme Court. Maritime cases are unique to the Supreme Court because there are no statutory or constitutional texts to interpret. Rulings in these cases are guided by past decisions on maritime questions. Kavanaugh and the rest of the Supreme Court must decide whether the companies can be held liable un...
Source: Asbestos and Mesothelioma News - Category: Environmental Health Authors: Source Type: news