“Over the past three decades, there have been numerous predictions on when asbestos litigation will end. Yet, it is still here and going stronger than ever,” write Joseph J. Welter, Susan E. Van Gelder, Andrew J. Scholz, and Sean T. Stadelman, attorneys in Goldberg Segalla’s Toxic Torts Practice Group.
“There are now over 10,000 companies that have been named in asbestos lawsuits. Advertising for mesothelioma and lung cancer asbestos plaintiffs pervades our television like never before. Cases are being tried and verdicts taken around the country at a pace of two per month in 2013. One thing is clear: we are far from the end of the road for asbestos litigation.”
In this article, the authors address four diverse, yet highly connected and relevant, topics that raise challenging issues for the defense bar: the continued evolution of the “every exposure” or “single fiber” theory across the country; the emergence of multiple distinct exposure lung cancer cases; consolidation of cases and its effect on case value; and trial strategies and challenges for apportioning liability to absent responsible parties.