Judge Refuses to Apply Sophisticated User Doctrine in Union Carbide Case

MINNEAPOLIS - A federal judge has refused to apply the sophisticated user doctrine to bar a subrogation action filed against Union Carbide by a company that has paid millions in asbestos-related workers' comp benefits to its employees. Conwed Corp. v. Union Carbide Corp., No. 92-88 (D. Minn.).

In a decision released Oct. 23, Judge Donald D. Alsop of the U.S. District Court for the District of Minnesota ruled that the doctrine was not available to Union Carbide because the defendant failed to show that its knowledge of asbestos hazards was less superior than that of Conwed Corp., the company that …