Depree v. BASF Catalysts LLC

Case Updates

The U.S. Chamber, joined by the CalChamber and the Civil Justice Association of California (CJAC), asked the California Court of Appeal to certify for publication an opinion holding that a defendant could not be liable for plaintiff’s injuries allegedly arising out of exposure to a talc-based auto body filler that may have contained asbestos. The court affirmed summary judgment because the plaintiff had not established causation and “could show no more than a possibility that [he] had been exposed” to asbestos.

The Chamber’s amicus letter in support of publication argued that the unpublished opinion reflects a thorough and thoughtful application of existing California law and, if published, the opinion would serve as a useful benchmark in asbestos litigation. The letter also explained that the underlying case is part of yet another wave of litigation against increasingly more remote defendants—those whose predecessors in interest made products that were not intended to contain asbestos.

Benjamin J. Horwich of Munger, Tolles & Olson LLP served as counsel for the amici.