Case Updates
California Supreme Court denies petition for review and depublication request
March 02, 2011
U.S. Chamber urges California Supreme Court to grant review of “sophisticated purchasers” case
January 07, 2011
NCLC urged the California Supreme Court to grant review of this case in order to squarely adopt the “sophisticated purchaser” doctrine in asbestos litigation. In the alternative, NCLC asked the California Supreme Court to de-publish the appeals court’s ruling in the case. The plaintiff in this case worked as a plumber on large commercial and residential construction projects. NCLC argued that the sophisticated user and purchaser doctrines relieve the manufacturer of any duty to warn because the plaintiff and his employer should have had advance knowledge of the product's inherent hazards. NCLC also argued that the appeals court’s reasoning is inconsistent with California precedent and the laws of most states.
Amicus letter urging depublication filed 1/7/11. Amicus letter urging review filed 1/7/11. Opposition to depublication filed 1/13/11. Petition for review and depublication request denied 3/2/11.
Case Documents
- Stewart v. Union Carbide Corporation (NCLC Depublication Request).pdf
- Stewart v. Union Carbide Corporation (NCLC Letter Supporting Review).pdf
- Stewart v. Union Carbide Corporation (Opposition to Depublication Request).pdf