Scapa Dryer Fabrics, Inc. v. Knight
U.S. Chamber's Position
In its coalition brief, the U.S. Chamber urged the Georgia Supreme Court to follow the lead of other Daubert jurisdictions that have rejected the so-called “any exposure” theory of asbestos liability. In an effort to bypass traditional causation requirements, the plaintiffs argued that “any exposure” to asbestos should be deemed causative of an asbestos disease. The “any exposure” theory stands in sharp contrast to normal causation methodology, which requires an expert to assess a dose first and then demonstrate that the dose received was sufficient to cause disease. The brief argued that the “any exposure” theory is the engine driving the current attempt to bring increasingly trivial exposures into asbestos litigation.
Previously, the Chamber filed an amicus brief in support of review by the Georgia Supreme Court, which was granted.
U.S. Chamber amicus brief filed 5/19/2015 in support of petition for certorari. Cert. granted 9/8/2015.
U.S. Chamber merits brief filed 10/23/2015.