Utah Court Rejects Borg-Warner; Says Cases Must Stand on their Own

SALT LAKE CITY -- A Utah court has declined to refine previously established causation standards in pending asbestos cases, specifically rejecting the defendants' contention that the court should emulate admissibility standards outlined by the Texas Supreme Court in Borg-Warner. In re: Asbestos Litigation, No. 010900863 (Utah 3rd Jud. Dist., Salt Lake City Cty.).

In the Sept. 6 decision, the Third Judicial District Court for Salt Lake City County said it "remains convinced of the accuracy of the position ... that the issue of causation is very fact sensitive and, consequently, each case must stand on its own."

"Indeed, at the …