Wis. Court of Appeals Reverses Summary Judgment Award for Asbestos Defendant, Says Exception to Rule Against Successor Liability Applies

MADISON, Wis. –– A Wisconsin appellate court has reversed an award of summary judgment to an asbestos defendant, finding that a reasonable jury could conclude that the sale of the company could have been done with the intent of avoiding possible future liability from the sale and manufacture of asbestos-containing products.

In the June 24 opinion, the Wisconsin Court of Appeals, District IV, opined that the plaintiff had presented enough evidence to support the conclusion that the claims could fit into one of the four exceptions that allow successor liability.

According to the appellate court, Fire Brick Engineers Co. (FBE …