9th Circuit Affirms Ruling Limiting Strict Liability Jury Instruction in Asbestos Case

SAN FRANCISCO –– The 9th Circuit U.S. Court of Appeals has affirmed a lower court order that denied an asbestos plaintiff’s efforts to instruct the jury on strict liability and punitive damage claims.

In the March 11 order, the 9th Circuit opined that the plaintiff had failed to present evidence to overcome the court’s ruling in McIndoe, in which the court concluded that a U.S. Naval warship is not a “product” that is distributed commercially.

Plaintiff Rosa Dennis asserted the claims on behalf of Patrick Dennis. The plaintiff asked the court to instruct the jury on claims for strict liability …