“Any Exposure” Causation in Asbestos Litigation
NCLC urged the New York Supreme Court to require an expert witness to assess the plaintiff’s dose to asbestos and to compare that dose with other dosages known to cause a particular asbestos-related disease. NCLC argued that the plaintiff’s theory that “any exposure” to asbestos is sufficient to prove causation is inconsistent with the court’s decision in Parker v. Mobil Oil Corp., which held that an expert witness may not merely guess at exposure to a toxin or simply assert that all exposure leads to a particular disease. New York should join the fourteen other courts that have recently rejected the “any exposure” theory.
The New York Supreme Court denied NCLC leave to file an amicus brief in this case.
Amicus brief filed 10/1/08. Amicus brief rejected 10/16/08.