How High Court May Rule On The Bare-Metal Defense

October 16, 2018
S. Christopher Collier, Michael Arndt
Law360 Expert Analysis

Hypotheticals involving ashtrays and flashlights, references to the least cost avoider and discussion of whether foreseeability should be considered for the existence of a duty, or proximate cause, or both — you’d be forgiven for guessing a law school seminar, but it was actually oral argument at the U.S. Supreme Court. The court addressed foundational tort principles last Wednesday at oral argument in Air and Liquid Systems Corp. v. Devries. The high court took the case to decide whether a defendant can be held liable, under maritime law, for products it did not make, sell or distribute.

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