California Supreme Court

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Case Updates

Cert. petition denied

June 25, 2008

U.S. Chamber files amicus brief on guidance on “substantial factor” requirement, “consumer expectation” test in asbestos litigation

May 07, 2008

NCLC urged the California Supreme Court to clarify that de minimis or incidental exposure to asbestos does not satisfy the legal causation requirement that asbestos exposure be a “substantial factor” in bringing about particular injury. In its brief urging the Court to grant review of the case, NCLC argued that some lower courts were interpreting “substantial factor” in a manner that imposed liability based on flimsy causation testimony. NCLC also urged the Court to reject the “consumer expectations” test, a flawed test used by a minority of jurisdictions to determine whether a product design is defective. NCLC stressed that clearer guidance from the Court on asbestos litigation is required, given the dramatic impact asbestos litigation has had on the California economy, thus far forcing at least eighty-five employers into bankruptcy

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