Court Finds Plaintiffs Have Standing to Challenge Legislation Capping Successor Liability

PHILADELPHIA -- The Pennsylvania Supreme Court has found that several asbestos plaintiffs have standing to challenge the state's legislation capping successor liability, noting that the plaintiffs were compelled to challenge the constitutionality of the statute only when it extinguished their claims. Johnson, et al. v. American Standard, et al., No. 43 EAP 2009 (Pa. Sup. Ct., Eastern Div.).

In the Nov. 18 opinion, the high court found that prior to the challenge, the plaintiffs had already gained access to the courts and there was no challenge to their standing to bring their claims. As such, the court concluded that the …