'Each And Every Exposure' Theory — Enough

Law360, New York (May 11, 2009, 12:00 AM EDT) -- For several decades, courts across the country have admitted expert testimony to establish medical causation in asbestos litigation premised on a rationale that is now being called into question in an increasing number of jurisdictions.

Unlike ordinary negligence or products liability litigation where an injury is typically alleged to have been caused by a specific defective product and where the connection between act and injury is easy to determine, in asbestos-related claims there exist a number of variables that confound the causation issue.

Specifically, inter alia,...
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