Air & Liquid Systems Corp. v. DeVries (17-1104)
argument 17-1104Air & Liquid Systems Corp. v. DeVries
Supreme Court of the United States
57 min
8 speakers
8 chapters
transcribed 4 days ago
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What is the core legal issue about manufacturers’ duty to warn in the Air & Liquid Systems case?
We'll hear our argument next in case seventeen eleven oh four Air and Liquid
Systems versus DeVries. Mr. Dvoretsky? Mr Chief Justice, it may it please the Court. Petitioners had no duty to warn about asbestos added to their equipment years or even decades after its sale. That follows from a well established tort law principle. Manufacturers are not liable for injuries caused by third party goods.
absent the addition of the asbestos insulation or or whatever it is. Making a product that is useless unless the asbestos is added. And doesn't that make a difference?
Uh uh no it doesn't, Justice Ginsburg. First, the na the respon the petitioners of course knew that the Navy was going to use asbestos because the Navy determined that asbestos met its specifications. That doesn't mean that the petitioners' products were useless without asbestos. Today those same products are used without asbestos uh on Navy ships. Why is that? Did they discover Something new that's better than asbestos? Uh they did in fact. Uh uh technology advanced and there were different forms of insulation and the Navy eventually transitioned to those forms, and our equipment today is used with non asbestos forms of insulation.
But at least at the time of these sales in question. The manufacturers have a product. Right. to be used requires the addition of asbestos. So they know Yeah. The sale of this equipment is dependent Upon Uh asbestos being incorporated into it.
They they do know that asbestos will be incorporated by the Navy. However, when the Navy chooses to use a third party's asbestos with our products, our products are not the cause of the injury. How
is your product not the cause of the injury? The asbestos As so is perfectly safe. It's integrated, it's whole. It doesn't Release molecules. What causes it to degrade Is your ship? is your product. Your product heats up. to such an extreme degree. That it Um Degenerate. The asbestos. So it's somewhat um Uh incongruous for me to think that you're saying that the harms caused by the asbestos the asbestos is in the shape because of what you did to it. Meaning you're producted to it. It's an integrated product, it's not standing
alone. Uh t two responses to that, Justice Surmeyer. First, our product does not cause the asbestos to degrade in any unique way. This is just what happens to asbestos when it's used, just as gasoline is used in a car and eventually needs to be replaced. But our product is not contributing to the harm in any way that is uh different than what otherwise happens to asbestos. Second, even though
in normal tort law If you create a car That has a spark in the tank. And the gasoline, which is what explodes the car. Explodes. the consumer is not going to sue the gasoline company. It's gonna sue you. because you, the car manufacturer, Produced a defective product. that caused an injury. that the gasoline would otherwise not cause. Why are you any different? than the bare
metal car seller. Because in that situation the consumer might well sue both the car manufacturer and the gasoline manufacturer because both products contributed together to the harm. Where whereas that's right,
he wouldn't sue the gasoline manufacturer. I mean n you normally run a car with gasoline and it's normally perfectly safe. Here you normally run your product with asbestos and that's not perfectly safe.
Uh well here you run our product and our product is safe. It's the asbestos that is causing the harm. Now the asbestos naturally degrades with use and then replacing it can be dangerous. That's true. But unlike the defective car, which is creating a spark that a properly operating car should not create and thereby causing the injury with the gasoline. our equipment is not making the asbestos any more dangerous than it would be. I am sorry, but if um uh
are you arguing that this is a special rule in Admiralty, or are you arguing that this is the normal tort rule?
We're arguing that it is the normal tort rule that ought to be adopted as a matter of general admiralty law. As a matter of ordinary tort law Product liability defendants, of course, may be liable for injuries that their products cause.
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Chapters
8 chapters
1
What is the core legal issue about manufacturers’ duty to warn in the Air & Liquid Systems case?
0:00–6:18
2
How do the parties argue whether asbestos‑containing equipment creates a unique hazard that triggers liability?
6:18–13:07
3
What role does foreseeability play in determining a duty to warn for third‑party components?
13:07–20:57
4
How does the “integrated product” doctrine affect liability for the asbestos gaskets?
20:57–27:35
5
Why do the Justices worry about the policy consequences of expanding the duty‑to‑warn rule?
27:35–35:21
6
What do the flashlight and ashtray hypotheticals illustrate about “required” versus “directed” use?
35:21–41:49
7
Which party is considered the most efficient and appropriate to provide warnings in maritime equipment?
41:49–49:52
8
What conclusions do the Justices draw about the proper scope of warning duties and the next steps for the case?
49:52–57:38