Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Academic journal article Defense Counsel Journal

IADC Amicus Brief Program

Article excerpt

The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product liability, arbitration, class actions, attorney client privilege, punitive damages, civil discovery, standing, jurisdiction, and tort reform. This section of the Defense Counsel Journal is dedicated to highlighting recent amicus briefs so that the Journal's readers can benefit from the insights presented therein.

In its brief in Haver v. BNSF Railway Company, 175 Cal.Rptr.3d 810 (Cal. 2014) and its companion case Kesner v. S.C. (Pneumo Abex LLC), 175 Cal.Rptr.3d 810 (Cal. 2014), the International Association of Defense Counsel, together with the Federation of Defense & Corporate Counsel, filed briefs to determine the existence and scope of a duty of premises owners and employers to those exposed to asbestos through particles carried on the clothing of its employees. The briefs were authored by IADC member and Amicus Committee Chair M. C. Sungaila of Haynes and Boone, LLP.

The majority of states that have considered the question of liability for take-home asbestos have determined that the law does not impose a duty to protect against such exposure, citing the burden it would place on employers and the community as a result of claims filed by a potentially limitless pool of plaintijfi. In its brief in Haver, the IADC urged the California Supreme Court to reject recognition of a duty extending from employers to nonemployee plaintijfi in take-home exposure asbestos cases such as these based on two additional policy concerns beyond those briefed by the parties: the intersection between the state's already burgeoning asbestos docket and the state court budget crisis, which together could significantly limit access to justice.

S219919

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

Joshua Haver, individually and as successor-in-interest to Lynne Haver, deceased, et al.,

Plaintiffs, Appellants and Petitioners,

v.

BNSF Railway Company,

Defendant and Respondent.

After a Decision by the Court of Appeal, Second Appellate District, Case No. B246527

Los Angeles County Superior Court, Case No. BC435551

The Honorable Richard Rico

APPLICATION FOR LEAVE TO FILE AMICI CURIAE BRIEF AND AMICI CURIAE BRIEF OF INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL AND FEDERATION OF DEFENSE & CORPORATE COUNSEL IN SUPPORT OF DEFENDANT AND RESPONDENT BNSF RAILWAY COMPANY

Snell & Wilmer l.l.p.

Mary-Christine Sungaila (#156795)

Jenny Hua (#294984)

600 Anton Boulevard, Suite 1400

Costa Mesa, California 92626

Tel: 714-427-7000 * Fax: 714-427-7799

mcsungaila@swla w. com

Attorneys for Amici Curiae

International Association of Defense Counsel and Federation of Defense & Corporate Counsel

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES...............................................................................ii

APPLICATION FOR LEAVE TO FILE AMICI CURIAE BRIEF.................A-l

INTEREST OF AMICI CURIAE; HOW THE AMICI CURIAE BRIEF WILL ASSIST THE COURT.................................................................A-2

NO PARTY OR COUNSEL FOR A PARTY AUTHORED OR CONTRIBUTED TO THIS BRIEF.......................................................A-3

CONCLUSION.................................................................................................A-4

AMICI CURIAE BRIEF OF INTERNATIONAL ASSOCIATION OF DEFENSE COUNSEL AND FEDERATION OF DEFENSE & CORPORATE COUNSEL IN SUPPORT OF DEFENDANT AND RESPONDENT BNSF RAILWAY COMPANY........................................1

INTRODUCTION................................................................................................1

LEGAL DISCUSSION........................... …

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