DeHay & Elliston L.L.P.

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The answer was unequivocally no! As it turns out, whether our products were defective, in this case, would never be reached. The plaintiff never gave our client the opportunity to cure. The plaintiff undertook the remediation before meeting with our client to discuss the defects. While we maintained our products were exactly what the plaintiff ordered—none of that mattered. We filed a traditional summary judgment motion, and we argued that because the plaintiff did not give us the opportunity to cure, the plaintiff was not entitled to a recovery.

DE traces its roots through the career of legendary trial attorney, J. Carlisle DeHay, Jr., who practiced in Dallas County for over 40 years. Carlisle played a special and significant role in the training and life of DE's founding partner Gary D. Elliston, prior to his death on November 15, 1991.

Claims based upon asbestos exposure have been filed for over 40 years and Plaintiffs have collected billions of dollars in compensation. As a result of the number of claims and monies paid, it is believed that 96 Companies have filed bankruptcy due to litigation involving asbestos exposure. As a result, the parties sued and number of parties sued is ever changing. A typical complaint included fewer than 30 Defendants in the 1990s and rose to include 60 between 2003 and 2006. More recently, the number of named Defendants has fallen to around 40.

Exxon Mobil Corporation Riley Stoker Corporation Dow Chemical Corporation Union Carbide Corporation CertainTeed Corporation Wyeth Kaiser Gypsum Company, Inc. Ashland, Inc. J.C. Penney Corporation, Inc. General Electric Corporation Dana Corporation Pneumo Abex, Inc. Texas Instruments FMC Corporation 3M Hanson Permanente Cement Company Campbell Concrete & Materials R.T.

John Crane appealed, in part, citing error with the trial court’s refusal to instruct the jury that employees of a sophisticated user are deemed to be sophisticated users.

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