In this clip, Peter Kraus of Waters & Kraus discussed approximate doses and the Texas Supreme Court’s Borg Warner decision which requires specific evidence of exposure as a substantial factor in causing the disease before getting to a jury. He said it’s a “very heavy burden that doesn’t exist in 49 other states.” He cited the Helsinki agreement which says you only need a description of exposure by the plaintiff to attribute exposure. He said there is plenty of historical exposure data, and took issue with methodology applied by industrial hygienists who testify for the defense.
The presentation took place at HB’s National Asbestos Litigation Conference on September 27-29, 2009 at The Four Seasons Hotel in San Francisco. It was chaired by Joseph J. O’Hara of Owens-Illinois, Inc., Joseph Belluck of Belluck & Fox LLP, and Michael J. Pietrykowski of Gordon & Rees LLP.
Editor’s note: I shot and edited these personally. It’s what I do for fun. The professional recording is in process.
You can watch or listen to all but two of the sessions as well – and get all of the written materials – by purchasing HB’s Video Package or Audio Package. Click HERE for details.