The “common knowledge” exception to the affidavit of merit statute and a manufacturer’s duty to warn of asbestos in replacement parts made by another company will be examined in upcoming cases at the state Supreme Court.

In Cowley v. Virtua Health System, granted certification on Jan. 18, the court will consider whether the common knowledge exception to the affidavit of merit statute applies to plaintiffs’ claims of medical malpractice under the circumstances presented, thereby relieving plaintiffs of their obligation to serve an affidavit of merit on the defendants.

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