STORY FROM: Asbestos

11th Circuit Affirms Finding of Liability in Take-Home Exposure Case, Says Alabama Decisions Impose Liability Based on Foreseeability of Harm

ATLANTA –– The 11th Circuit U.S. Court of Appeals has affirmed the finding of liability on an asbestos plaintiff’s former employer, in part concluding that the District Court had not erred when it predicted that Alabama law allows take-home exposure claims to proceed against the company.

In the April 26 opinion, the 11th Circuit found the case fit “comfortably within the line of Alabama decisions imposing a legal duty based on foreseeability of harm even in the absence of a legal relationship between the parties.”

The 11th Circuit did, however, remand the case with instructions to recalculate damages in ...

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