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California Supreme Court

Case Status

Decided

Docket Number

S166835

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Case Updates

Review denied

October 28, 2008

U.S. Chamber files amicus letter urging California Supreme Court to review “substantial exposure” standard in asbestos litigation

September 30, 2008

NCLC urged the California Supreme Court to review a lower court decision erroneously applying a flimsy causation standard in asbestos litigation. Because of the latency period for asbestos-related diseases, many plaintiffs do not know which asbestos source is responsible for their injury and thus sue every known manufacturer of asbestos. NCLC argued that the lower court failed to apply the burden of proof established by the California Supreme requiring plaintiffs to provide enough information to assess which defendants’ products were substantial factors in causing the plaintiff’s injury.

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