Litigation
Jul. 11, 2016
You can win the battle and lose the war
Under a recent California Supreme Court ruling, the sophisticated intermediary doctrine in an asbestos case is an affirmative defense to failure to warn claims. Of course, it didn't apply to the defendant who convinced the court to adopt the defense. By Maureen Dear
APPELLATE ZEALOTS
Webb v. Special Electric Co. Inc. illustrates the old maxim that you can win the battle but lose the war. 370 P.3d 1022 (Cal. 2016). Defendant Special Electric, a supplier of hazardous materials, successfully persuaded the California Supreme Court to formally adopt the "sophisticated intermediary doctrine" as an affirmative defense to failure to warn claims ...
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