By | August 25, 2016

With the Pennsylvania Supreme Court’s recent decision in DALY v. AW CHESTERTON, allowing a Pennsylvania asbestos victim to file a claim if they are diagnosed with a second asbestos caused cancer, Nass Cancelliere Brenner, continued its leadership in creating favorable case law for Pennsylvania Asbestos/Mesothelioma victims.   Perhaps our number one appellate victory, is the landmark case of The Estate of Louis Hicks v. Dana,  where the Pennsylvania Supreme Court affirmed the decision of an en banc panel of the Superior Court upholding liability against gasket and packing manufacturers; upholding the applicability of section 402A of the Restatement (2d) of Torts, rather than Section 2 of the Restatement  (3d) of Torts in strict liability cases; upholding testimony that each and every breath is a substantial cause of an asbestos disease; upholding the inadmissibility of compliance with government regulations and industry standards in strict liability cases; and several other issues.  This decision is cited by victims both locally and nationally, in both asbestos cases and other types of litigation.  Additionally, Nass Cancelliere Brenner has successfully argued appellate issues in other asbestos cases.  They include Coward v. Owens Corning (heeding warning presumption), Cauthorn v. John Crane ( compensability and sufficiency of product identification) and Small v. Owens Corning (subsequent remedial measures/ impeach defense witness with subsequent placement of warnings if it denies product makes dust).Our attorneys are excellent in trying cases to verdict.  Our attorneys are unmatched in holding these verdicts on appeal.

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