NJ Ruling Removes Evidence Hurdle For Asbestos Defendants

Law360 (September 26, 2019, 4:23 PM EDT) -- On Sept. 11, the New Jersey Supreme Court overruled the Appellate Division of the Superior Court of New Jersey's decision in Rowe v. Bell & Gossett Co. — a decision which, if it had been upheld, would have severely hampered trial defendants' ability to allocate fault to settled defendants.[1] The pendulum has now swung back, and a sense of normalcy has returned to asbestos litigation in Middlesex County, New Jersey.

The 16-page decision can be consolidated into one concise statement: Trial defendants are permitted to introduce into evidence settled defendants' interrogatory responses and corporate representatives' testimony to prove allocation of fault...

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