Calif. Court Rejects Attempts to Apply O’Neil Exception, Reverses $8 Million Verdict

LOS ANGELES –– A California Court of Appeal has reversed an $8 million verdict entered in a case against asbestos defendant Foster Wheeler, concluding that the defendant was wrongfully held liable for asbestos insulation manufactured by third parties and affixed to its boiler products. Nolen, et al. v. Foster Wheeler Energy Corp., et al., No. B216202 (Calif. Ct. App., 2nd Dist., Div. 2).

In the Aug. 2 ruling, the California 2nd District Court of Appeal rejected the plaintiffs’ contention that Foster Wheeler could be held liable under an exception to O’Neil that would enforce liability in instances where the defendant’s …