Litigation Blog

Fowler v. Union Carbide Corporation, et al.: Defendant's Summary Judgement Reversed on Appeal in New Jersey Asbestos Case

Late last week, the Appellate Division of the Superior Court of New Jersey handed down a reversal of summary judgment in an action sure to get the attention of asbestos defendants in the region who rely on similar offerings in moving for summary judgment. In an unpublished opinion, the Court in Fowler v. Union Carbide Corporation, et al.(Superior Court of New Jersey, Appellate Division, Docket No. A-2300-15T4), relied on, and hence gave credence to, limitations earlier courts have placed on the ‘substantial factor’ test used to determine if defendant’s product caused plaintiff’s disease. More »

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