Testing Traditional Boundaries Of Asbestos Litigation

Law360, New York (September 15, 2011, 1:45 PM EDT) -- As manufacturers and suppliers of asbestos-containing products continue to fall into bankruptcy, plaintiffs increasingly are searching for new and creative ways to impose liability on solvent companies. One novel theory plaintiffs have begun to employ is the tort of negligent undertaking. Using this tort, also known as the Good Samaritan Doctrine, plaintiffs seek to impose liability on a manufacturer or supplier of asbestos-containing products, even when the plaintiff does not allege exposure to a product manufactured by such a defendant.

Plaintiff’s Theory of Liability

The tort...
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