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Carl Schaerf Offers Comment on Bombardier Inc. et al. v. Dow Chemical Canada ULC et al.

On October 9, 2012 by Schnader in Litigation

Carl J. Schaerf offered comment for the article “High Court Leaves Liability Jurisdiction Foggy for Foreign Cos.” published by Law360 on October 9, 2012. The article discussed the U.S. Supreme Court’s refusal to take a case over foreign manufacturers’ exposure to lawsuits in the U.S. over allegedly defective products, leaving confusion as to whether they share liability for such claims. “Product liability cases involving foreign manufacturers will remain fraught with uncertainty for plaintiffs and defendants – particularly the latter,” said Mr. Schaerf. He explained “plaintiffs are not going to be left without a remedy. The buck is going to stop at the last party after a product crossed the water.”

The case is Bombardier Inc. et al. v. Dow Chemical Canada ULC et al., case number 12-83, in the U.S. Supreme Court.