Texas Asbestos Case Could Lower Ax On Toxic Tort Suits

By Jess Krochtengel (September 6, 2013, 8:02 PM EDT) -- The Texas Supreme Court will hear oral arguments Monday in an asbestos liability case against Georgia-Pacific LLC that could protect companies wrongly on the hook for massive trial verdicts but also make it nearly impossible for plaintiffs to recover damages at all, attorneys say.

The case, in which plaintiff Susan Bostic is seeking to restore a $12.3 million jury verdict thrown out by a Dallas appeals court, asks the Texas justices to decide how a causation standard set in the landmark 2007 case Borg-Warner Corp. v. Flores should apply in mesothelioma lawsuits. Bostic argues that since the Borg-Warner decision came down,...

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