Challenging Retroactive Application Of Strict Liabiltiy
April 24, 2012, 1:26 PM EDT
Law360, New York (April 24, 2012, 1:26 PM EDT) -- Your client, a global manufacturing corporation, has been served with a state court complaint asserting strict liability and negligence claims. The specific products at issue for your client, a line of industrial machines with asbestos-containing components, were manufactured for years by a division formed after World War II and spun off in the late-1960s.
Your initial analysis reveals that the jurisdiction in question did not adopt strict liability until 1976. Can you challenge the strict liability claims and force the plaintiff to prove actual negligence? The...