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  • Writer's pictureKirk Hartley

Delaware Supreme Court Allows Take Home Claims for Spouses Against Product Manufacturers

The Delaware Supreme Court issued a unanimous June 27, 2018 opinion allowing “take home” asbestos claims against manufacturers. The ruling is a big deal in light of Delaware’s place in the corporate world, and recent rulings on personal jurisdiction. The opinion by Chief Justice Strine cuts through to core issues, and no doubt will be cited by plaintiffs to other state courts by plaintiffs.  The opinion is limited to spouses. The opinion is online at the Court’s website. The opinion is Ramsey v. Georgia Southern University …..

The opinion went plaintiff’s way despite several defense amicus briefs; the opinion lists them as follows:

“Peggy L. Ableman, Esquire, McCARTER & ENGLISH, LLP, for Amici Curiae Coalition for Litigation Justice, Inc., National Association of Manufacturers, and NFIB Small Business Legal Center; Mark A. Behrens, Esquire, Christopher E. Appel, Esquire, SHOOK, HARDY & BACON L.L.P., Washington, D.C., for Amicus Curiae Coalition for Litigation Justice, Inc.; Linda E. Kelly, Esquire, Quentin Riegel, Esquire, Leland P. Frost, Esquire, MANUFACTURERS’ CENTER FOR LEGAL ACTION, Washington, D.C., for Amicus Curiae National Association of Manufacturers; Karen R. Harned, Esquire, Elizabeth Milito, Esquire, NFIB SMALL BUSINESS LEGAL CENTER, Washington, D.C., for Amicus Curiae NFIB Small Business Legal Center.”

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