Mount Pleasant, SC
Personal injury Lawyer at Mount Pleasant, SC
Practice Areas: Personal Injury
OUTCOME: Summary Judgment reversed; case remanded for trial. Tennessee Supreme Court denies petition for appeal and does not publish case.
The Court of Appeals ruled that a prior release in an asbestosis case is insufficient to release future cancer claims as the release did not chronicle the scope and duration of the risks sufficient to ... indicate that the Plaintiff intended to release future claims for cancer.
OUTCOME: The defendant is subject to liability under the Tn. Products Liability Act.
The Trial Court gave erroneous jury charges based on the Sophisticated Purchasor/Learned Intermediary doctrine. Also, Section 524(g) of the US Bankruptcy Code's channeling injunction and 11 USC 362(a) ... of the Bankruptcy Code's Automatic Stay provision were applied to the Tennessee Seller's Liability Act in finding seller/distributors liable for products they sold when the manufacturers of those products are not subject to service of process or insolvent.
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