Asbestos Cases Put 'Any Exposure' Theory Up In The Air

Law360, New York (December 18, 2013, 8:31 PM EST) -- While some plaintiffs’ experts continue to trumpet the “any exposure” theory of causation in asbestos cases, courts, including most recently district courts in the Districts of Columbia and Utah, a Rhode Island trial court and the Supreme Court of Pennsylvania, overwhelmingly continue to reject it[1] — with good reason. Equally significant, even those courts that purport to accept the theory require exposure evidence beyond a “single fiber” of asbestos to establish causation.[2]

Under the “any exposure” (a.k.a., the “any fiber” or “no threshold”) theory, each and...
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