9th Circuit Says Naval Warships Not Products Under Strict Products Liability, Rejects ‘Every Exposure’ Testimony

PASADENA, Calif. –– The 9th Circuit U.S. Court of Appeals has affirmed summary judgment awards entered in favor of shipbuilding defendants, agreeing that the ships cannot be considered products under strict products liability and, further, that the plaintiffs cannot rely on “every exposure” causation testimony to support their negligence claims.

In the March 31 opinion, the 9th Circuit opined in part that allowing the causation testimony would “undermine the substantial factor standard,” and “broaden asbestos liability based on fleeting or insignificant encounters with a defendant’s product.”

The underlying case was filed by James McIndoe, who served aboard two U.S. …