Scapa Dryer Fabrics, Inc. v. Knight

Georgia Supreme Court

Tab Group

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. 

The Coalition for Litigation Justice, Inc., National Association of Manufacturers, American Tort Reform Association, and NFIB Small Business Legal Center filed these briefs jointly with the Chamber.

Mark W. Wortham of Hall Booth Smith, P.C. served as counsel for the amici with the U.S. Chamber Litigation Center.

Procedural History

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.

Decided 7/15/2016.