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NJ Supreme Court Asked to Consider Bare Metal Defense

Armand J. Della Porta
Marshall Dennehey Warner Coleman & Goggin, P.C. - Wilmington Office

Paul C. Johnson
Marshall Dennehey Warner Coleman & Goggin, P.C. - Cherry Hill Office

Timothy D. Rau
Marshall Dennehey Warner Coleman & Goggin, P.C. - Philadelphia Office

August 22, 2014

Previously published on August 1, 2014

As a follow up to the case of Hughes v. A.W. Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), which was reported in the May issue of Legal Update for Toxic Torts, the Plaintiff has petitioned to New Jersey to consider the issue of "whether a manufacturer, which has a duty to warn of the asbestos hazards created by the foreseeable replacement of its finished products’ component parts with other asbestos-containing replacement parts ... is relieved of liability for breach of that duty when the components have been replaced by those of another unidentifiable supplier ....”

In Hughes, the New Jersey Superior Court essentially recognized the bare metal defense for equipment manufacturers in asbestos cases.

It has not yet been decided whether the Supreme Court will grant the plaintiff's request for certification of the appeal.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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