FOWLER v. AKZO NOBEL CHEMICALS, INC.

A-5 September Term 2021 085939.

276 A.3d 1146 (2022)

251 N.J. 300

Thomasenia L. FOWLER, as Administrator and Administrator ad Prosequendum of the Estate of Willis Edenfield, Plaintiff-Appellant, v. AKZO NOBEL CHEMICALS, INC. as successor to Imperial Chemical Industries PLC, and National Starch and Chemical Co. (Discovery Only), Corn Products International, Inc., as successor to National Starch and Chemical Co. (Discovery Only), Henkel Corporation, individually and as successor-in-interest to the Adhesive and Electronics Division of National Standard Chemical Co. (Discovery Only), and National Starch, LLC, individually and as successor to National Starch and Chemical Co. (Discovery Only), Defendants, and Union Carbide Corporation, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 30, 2022.


Attorney(s) appearing for the Case

Amber R. Long argued the cause for appellant (Levy Konigsberg, attorneys; Amber R. Long on the briefs).

Michael A. Scodro , of the Illinois bar, admitted pro hac vice, argued the cause for respondent (Caruso Smith Picini and Mayer Brown, attorneys; Richard D. Picini , Fairfield, Michael A. Scodro , and Craig Woods , of the Illinois bar, admitted pro hac vice, of counsel and on the briefs).

Jared M. Placitella argued the cause for amicus curiae the New Jersey Association for Justice (Cohen, Placitella & Roth, attorneys; Jared M. Placitella and Christopher M. Placitella , of counsel and on the brief).

Scott A. Rader submitted a brief on behalf of amicus curiae the Coalition for Litigation Justice, Inc. (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, attorneys; Scott A. Rader , of counsel and on the brief).

Philip S. Goldberg submitted a brief on behalf of amici curiae the Chamber of Commerce of the United States of America and the New Jersey Civil Justice Institute (Shook, Hardy & Bacon, attorneys; Philip S. Goldberg , Mark A. Behrens , of the Virginia and District of Columbia bars, admitted pro hac vice, and Cary Silverman , of the Maryland and District of Columbia bars, admitted pro hac vice, on the brief).


Willis Edenfield died from mesothelioma due to exposure to asbestos in a manufacturing plant, where he worked for approximately forty years. Plaintiff, the administrator of Edenfield's estate, filed a failure-to-warn product liability action against Union Carbide, a manufacturer and supplier of asbestos...

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