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Analysis: Chevron Oil analysis not appropriate

In sum, a Chevron Oil analysis is not appropriate in this case. Robinson is a clear and binding statement of the rule of retroactivity in civil cases.

We conclude that it is still good law. Because the rule of strict product liability adopted in Ulmer and Tabert was applied to the litigants in subsequent asbestos exposure cases, it applies retroactively to all subsequent litigants not barred by procedural requirements. This includes litigants, like Lunsford, exposed to asbestos prior to Washington’s adoption of § 402A of the Restatement of Torts.

Courtesy of The Court of Appeals of the State of Washington

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IN THIS SECTION
Facts of the case
Defendant motion for summary judgment
strict liability
Summary judgment standard
Review on appeal
Retroactive application standard
Strict liability for product defect
Restatement of Torts
Washington Supreme Court Decisions
Washington appellate court decisions
Retroactive application
U.S. Supreme Court decision
Applicability of Chevron Oil
Application standard
Taskett King Broad rule
Strict product liability standard
Robinson not overruled
Atsbeha standard
Binding precedent
Griffith and St. Pierre cases
Audett case
Chevron standard
American Law Institute
see also:

Washington appellate court decisions Lunsford mesothelioma case: Washington appellate court decisions
Read about Washington appellate court decisions and mesothelioma

Binding precedent Lunsford case, mesothelioma and binding precedent
The Lunsford mesothelioma case and binding precedent

The Lunsford case Lunsford case relating to asbestos and mesothelioma
Read about the Lunsford case relating to asbestos and mesothelioma

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