Texas Asbestos Plaintiffs File Supplemental Brief in Anticipation of Oral Argument in ‘Each and Every’ Exposure Dispute

AUSTIN –– Plaintiffs appealing a lower court’s decision to throw out a $13.5 million asbestos verdict have filed one final brief in anticipation of oral arguments in the matter, maintaining their position that the substantial factor test is appropriate for asbestos cases.

In a supplemental reply brief filed Sept. 3 in the Texas Supreme Court, the asbestos plaintiffs argue that they are not asking the high court to apply a theory of collective liability and say that, under Borg Warner’s “substantial factor test,” they presented enough evidence to support the claims.

“The ‘substantial factor’ test is not a …