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California Supreme Court

Case Status

Decided

Docket Number

S162435

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Case Updates

California Supreme Court rules on choice of law in asbestos litigation

February 18, 2010

The California Supreme Court held that California law does not trump the law of a state where all the conduct giving rise to a claim occurred.

U.S. Chamber files amicus brief

September 12, 2008

NCLC urged the California Supreme Court to hold that California law does not trump the law of a state where all the conduct giving rise to the claim occurred. In this case, a lower court applied the California statute of limitations for an asbestos tort claim, where the plaintiff’s alleged asbestos-related mesothelioma occurred 50 years ago in Oklahoma. NCLC argued that the lower court decision disregards Oklahoma’s public policy choices, leads to forum shopping by plaintiffs, and makes it more difficult for businesses to determine their liability for asbestos exposure cases.

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