The Any Exposure Theory – Mark A. Behrens & William L. Anderson

The “any exposure” theory: Unsound basis for asbestos caustion and expert testimony.

Asbestos has for years held sway as perhaps the most feared of industrial exposures. At the same time, asbestos litigation has also earned a reputation as the most out-of-control of all tort litigation. The history of asbestos is indeed a terrible one, with great loss of life from exposures that predate the institution of OSHA workplace and other regulations. That history is not a basis for blaming every fiber and every breath for asbestos the current state of litigation and the assertion of the any exposure theory. In light of the array of recent decisions rejecting that theory, courts that do so are clearly in good company and have substantial support from their colleagues in other jurisdictions.

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