Danfield v. Johns-Manville Sales Corp.

I join in Parts I, II and IV of Judge Weis’s opinion and concur wholly in the result. I also join in portions of Part III, in which Judge Weis explains why he finds a rational basis for New Jersey’s distinguishing asbestos cases from prescription drug cases in terms of the state-of-the-art defense.1 However, I do not believe that Judge Weis has identified with sufficient precision the New Jersey Supreme Court’s reasons for making the distinction under review, a distinction I believe to be supported by a valid government objective and rational within our equal protection jurisprudence.…