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Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk
Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk
Richard Faulk
The Texas Supreme Court has firmly rejected the latest effort to reopen the floodgates for asbestos litigation in Texas. While the Court rejected a formalistic adherence to “but for” causation in mesothelioma, the essence of “but for” still survives because, “but for” legally sufficient proof of exposure to the particular defendant’s product, the defendant cannot be held liable. The requirement of legally sufficient proof applicable to exposure to each defendant’s product remains, and the challenges associated with meeting that requirement remain the same. Perhaps the cohesiveness of this holding will influence other states to define “substantial factor” similarly, or perhaps …
The Quest For The Next ‘Solvent Bystander’ In Asbestos Litigation: Will Texas Resume The Search?, Richard O. Faulk
The Quest For The Next ‘Solvent Bystander’ In Asbestos Litigation: Will Texas Resume The Search?, Richard O. Faulk
Richard Faulk
Questions abound regarding the Bostic v. Georgia Pacific case. Is Texas preparing to resume the “endless search” for the next “solvent bystander?” Is the Texas Supreme Court considering a departure not only from Flores, but also from decades of settled Texas law regarding causation in tort cases? Hopefully, the memory of the disastrous and wasteful “cold war” of asbestos litigation will persist and rational common-law limits will not be sacrificed to resurrect a demonstrably abusive system.
Dispelling The Myths Of Asbestos Litigation: Solutions For Common Law Courts, Richard O. Faulk
Dispelling The Myths Of Asbestos Litigation: Solutions For Common Law Courts, Richard O. Faulk
Richard Faulk
After the Berlin wall fell in 1990, it appeared that the term "cold war" had outlived its usefulness. But thirteen years later, another "cold war" is being fought -- not between apprehensive armies in Berlin, but in our nation's courts as they struggle to resolve hundreds of thousands of asbestos claims filed against American industry. Like the first "cold war," the present one involves a great deal of action that takes place below the "radar screen." Thousands of cases are filed annually, lawyers line up on both sides and spend billions prosecuting and defending them. Then for various reasons, including …