Behrens Authors Mealey’s Article on the “Stream of Commerce” Approach to Product Liability

Shook Partner Mark Behrens has written an article for the September 24, 2014, edition of Mealey’s Litigation Report: Asbestos about the New York Court of Appeals case Dummitt v. Crane Co. Behrens argues for the “stream of commerce” approach to product liability, in which a manufacturer is not liable for failure to warn consumers if it created a sound product that is later used in a defective product manufactured by a different entity, and he urges New York’s high court to apply the approach in the asbestos context in Dummitt. “[T]he Court of Appeals should use Dummitt to reaffirm its Rastelli ‘stream of commerce’ precedent and confirm that New York law is in harmony with the clear majority rule nationwide in cases asserting that a manufacturer has a duty to warn about asbestos-containing products sold by third-parties and used near or in conjunction with the manufacturer’s product,” he concludes.