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Plumbing Fixture Manufacturer Asbestos Liability, Indemnity and Successor Liability Litigation

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Lead national counsel defended a plumbing fixture manufacturer in connection with asbestos claims brought in multiple jurisdictions around the country. Conducted a forensic product-line investigation that established product defenses for the client on the merits, pursued indemnity claim against a corporate predecessor based on transaction documentation and successfully established an asset purchases defense to future cases (demonstrating direct liability of corporate predecessor). Obtained dismissals without payment on early asbestos claims on the merits. After unsuccessful indemnity litigation in California State Court with the predecessor, successfully asserted successor liability defense in future cases and obtained summary judgment (opposed by the predecessor) for the client establishing no liability for the client for product line, and direct liability of the predecessor for such claims. (Whelan v. A.O. Smith, et al., Superior Court of New Jersey, Middlesex County (L-7161-12AS))