MDL Court Recognizes Sophisticated User Defense under Maritime Law

PHILADELPHIA -- The federal asbestos MDL judge has issued a ruling recognizing the sophisticated user defense under maritime law, but warned that the viability of the defense depends on the knowledge of the end user, not the intermediary purchaser.

In the same Oct. 3 ruling, Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania also held that a naval ship cannot be considered a “product” when applying strict product liability law.

While finding that the sophisticated user defense is a valid defense in maritime cases, Judge Robreno denied summary judgment for shipbuilder …