Texas Sen. Backs Lower Bar For Mesothelioma Claims

Law360, New York (April 20, 2009, 12:00 AM EDT) -- Texas senators on Monday approved legislation that relaxes the state’s standard for establishing product liability for asbestos exposure in malignant mesothelioma cases, striking a blow at a 2007 Texas Supreme Court decision that set some of the strictest causation standards nationwide in asbestos cases.

Sen. Robert Duncan, R-Lubbock, who sponsored the bill, said that the measure was designed to strike a balance between Texas’ previously lax standards and the tougher new standards introduced in 2007 by deploying the Lohrmann standard, which requires “a substantial causal factor”...
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