SmartBrief
Confirm favorite deletion?
Products Liability Keyed Owen, 8th Ed.
Beshada v. Johns-Manville Products Corp.
Citation:
90 N.J. 191, 447 A.2d 539 (1982)Facts
The six consolidated cases involved workers or survivors of deceased workers who were exposed to asbestos products manufactured by the defendants for varying periods dating back as far as the 1930s. Due to the long latent period between exposure and the appearance of symptoms, the illnesses and resulting lawsuits emerged decades later. The plaintiffs claimed that the defendants failed to warn them of the dangers of asbestos, while the defendants asserted that they could not have known of these dangers at the time the products were marketed. The defendants argued that until the 1960s, the medical community believed that asbestos hazards were limited to workers in asbestos textile mills exposed to high concentrations, not to those exposed to smaller concentrations in other settings like shipyards.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.