Update: On September 27, 2018, the Supreme Court of Ohio handed down a merit decision in Turner v. CertainTeed Corp., 2018-Ohio-3869. In an opinion written by Justice Fischer, joined in full only by Justices French and DeGenaro, the court set forth the requirements in an asbestos case for a plaintiff who is also a
Asbestos Exposure
Merit Decision: Cumulative Exposure To Various Products Containing Asbestos Does Not Establish Substantial Factor Causation. Schwartz v. Honeywell Internatl., Inc.
By Marianna Bettman on
“It is impossible to reconcile a statutory scheme that requires an individualized finding of substantial causation for each defendant with a theory that says every defendant that contributed to the overall exposure is a substantial cause.”
Justice DeWine, Majority Opinion
On February 8, 2018, the Supreme Court of Ohio handed down a merit decision in…
Oral Argument Preview: Clarifying Requirements About Smoking History for Workers Exposed to Asbestos Who Have Lung Cancer. Bobby Turner, et al. v. CertainTeed Corporation, et al.
By Marianna Bettman on
Update: On September 27, 2018, the Supreme Court of Ohio handed down a merit decision in Turner v. CertainTeed Corp., Slip Opinion No. 2018-Ohio-3869. In an opinion written by Justice Fischer, joined in full only by Justices French and DeGenaro, the court set forth the requirements in an asbestos case for a plaintiff who…
What’s On Their Minds: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.
By Marianna Bettman on
Update: On February 8, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Given the current status of the science in this area is it ever possible to say what is or isn’t a significant factor… Is it just that the science is different from what…
Oral Argument Preview: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.
By Marianna Bettman on
Update: On February 8, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On October 17, 2017, the Supreme Court of Ohio will hear oral argument in the case Mark Schwartz, Individually and as the Executor of the…