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Justices' Asbestos Decision Poses Fair Notice Problem

Law360 (April 25, 2019, 2:41 PM EDT) -- What is the purpose of a “duty” announced a half-century after it was allegedly breached? A cynical observer — and at least three U.S. Supreme Court justices — might say, at least as to those parties whose alleged breaches occurred many years earlier, that it is less a duty of care, and more a duty to “pay.”[1]

Nevertheless, those are the circumstances of the most recent tort duty announced by a majority of the Supreme Court in Air & Liquid Systems Corp. v. DeVries. The case involved two former U.S. Navy sailors who were allegedly exposed to asbestos on Navy ships...

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