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United States Supreme Court Hears Beta Alumnus Lawsuit

On October 6, 2018, Brett Kavanaugh was sworn in as the newest member of the United States Supreme Court. His first day sitting with the Court was October 9, 2018. The next day, October 10, he will have heard, and perhaps participated, in the oral argument of Air & Liquid Systems et al. v. DeVries et al., a lawsuit filed by Richard Myers, Beta Pi ’69.

As an attorney, brother Myers’ specialty is bringing lawsuits for damages on behalf of persons who have suffered from exposure to asbestos and other contaminants. In this case, the defendant in the lawsuit was Air & Liquid Systems, a company that made machinery to be used by the United States Navy. Although the machinery as manufactured by the company contained no asbestos, it was designed in a manner that it would not function properly unless it was used with asbestos insulation. The manufacturer knew and intended that asbestos would be applied to the machinery. It is further alleged by DeVries et al. that the company knew of the debilitating effects of asbestos exposure, manufactured and sold this machinery to the U.S. Navy, and should have warned users of this danger.

This matter was brought to the attention of the U.S. Supreme Court by the manufacturers after having lost the case in the lower courts. Arguing the case before the court, in place of brother Myers, was Tom Goldstein, an experienced U.S. Supreme Court advocate. Mr. Goldstein is one of the founders of SCOTUSblog, has argued many cases before the Court, is known to the members of the Court, and provides instant credibility for any position he supports.

If you are interested in a concise accounting of the arguments expected to be discussed on October 10, use this LINK. A decision is not expected until February or March, 2019.