Case Updates
New York Court of Appeals upholds manufacturer’s liability
June 28, 2016
The court affirmed the order below, holding that a manufacturer has a duty to warn about a product’s danger arising from the “known and reasonably foreseeable use of its product” when used in connection with a third-party product that, “as a matter of design, mechanics, or economic necessity,” necessarily enables the manufacturer’s product to function as intended.
U.S. Chamber files amicus brief
March 21, 2016
The U.S. Chamber urged the New York Court of Appeals to reaffirm the well-settled principle of tort law that manufacturers are not liable for “failure to warn” about the hazards of products manufactured by other manufacturers. The case arises out of a lawsuit alleging that a valve manufacturer failed to warn users of the potential harms of asbestos-containing replacements parts manufactured and installed by other companies.
According to the Chamber’s brief, the plaintiff’s liability theory represents a departure from mainstream products liability tradition and condones a vaguely-formulated, open-ended duty to warn that is neither administrable nor fair. The brief also explains that the plaintiff’s approach is out of step with the nearly universal decision patterns of other jurisdictions to consider the issue.
Former Professor James A. Henderson, Jr. and Michael H. Park of Consovoy McCarthy Park PLLC represented the Chamber.
Case Documents
- Lower Court Opinion -- In re Eighth Judicial Dist Asbestos Litigation (Suttner Trial Court).pdf
- Lower Court Opinion -- In re Eighth Judicial Dist Asbestos Litigation (Suttner Appellate Division).pdf
- Motion for Leave to Appeal -- Suttner v. A.W. Chesterton (NY COA).pdf
- Opposition to Motion for Leave to Appeal -- Suttner v. A.W. Chesterton (NY COA).pdf
- Brief for Appellant -- Suttner v. A.W. Chesterton (NY COA).pdf
- Brief for Plaintiff-Respondent -- Suttner v. A.W. Chesterton (NY COA).pdf
- Reply Brief for Appellant -- Suttner v. A.W. Chesterton (NY COA).pdf
- Business Council of New York, et al. Amicus Brief -- Suttner v. A.W. Chesterton (NY COA).pdf
- Brief for Plaintiff-Respondent in Response to Amicus Brief -- Suttner v. A.W. Chesterton (NY COA).pdf
- U.S. Chamber Amicus Brief -- Suttner v. Crane Co. (NY COA).pdf
- Opinion -- Suttner v. Crane Co. (NY COA).pdf