‘Substantial factor’ makes asbestos cases a little different in one state

Toxic Tort Talk

By Craig T. Liljestrand

Craig T. Liljestrand‚ a partner at Hinshaw & Culbertson LLP‚ has experience in toxic tort litigation. He practices in the areas of asbestos‚ silica‚ welding fumes‚ lead paint, chemical and occupational disease claims. His client base includes Fortune 500 companies in which he has defended various industrial product and equipment manufacturers‚ contractors and premises owners in numerous toxic tort cases throughout the country. He is also the regional counsel for a major industrial manufacturer.

Posted February 8, 2017 12:26 PM

In a recent diversity action, the 6th U.S. Circuit Court of Appeals held that the “every exposure” theory is inconsistent with Kentucky’s “substantial factor” test for causation in asbestos cases.The case is Stallings v. Georgia-Pacific, Corp., et al.William Stallings, the original plaintiff, served in the Navy for four years, working aboard the destroyer USS Waller. Stallings worked daily on the ship’s valves, pumps, boilers and turbines, all while breathing in the asbestos-laced dust …

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