About Heidi Hilgendorff

Heidi E. Hilgendorff, Counsel in the Product Liability and Mass Tort Group, resides in our Florham Park, New Jersey, office. Heidi defends pharmaceutical and medical device manufacturers in complex litigation, including federal Multidistrict Litigations and state court coordinated proceedings. Read Heidi's full bio

Supreme Court Hears Arguments on Bare Metal Defense in Asbestos Maritime Case

On October 10th, the United States Supreme Court heard arguments in Air & Liquid Systems Corp., et al. v. Devries, et al., No. 17-1104, over  whether the manufacturer of a bare metal product, in this case engines on a Navy ship, may be held liable for injuries suffered from later-added asbestos-containing materials. Under maritime law, the Third Circuit said yes, if the facts show the manufacturer reasonably could have known that asbestos is hazardous and its product will be used with an asbestos-containing part, because (a) the product was originally equipped with the asbestos part, which needs to be replaced, (b) the manufacturer specifically directed that the product be used with the asbestos-containing part, or (c) the product required the asbestos-containing part to properly function.

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