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Attack on "Every Asbestos Fiber" Causation Opinions

2014-12-19 02:25:27| Paper - Topix.net

Courts across the country continue to conduct Daubert or Frye hearings in asbestos cases to decide whether to allow an expert witness to opine that "each and every" inhaled fiber is a substantial contributor to plaintiff's illness. This view, also called the "single fiber" causation theory, treats every inhalation of asbestos as "substantial," regardless of how minimal the duration, concentration, or cumulative dose, and regardless of which fiber type is at issue.

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