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Texas Asbestos Reform: The New Quantitative Standard

By Lianne S. Pinchuk
November 30, 2007

Asbestos litigation has a storied history in this country. Many companies, large and small, have been forced into bankruptcy or have had nearly all their resources drained by years of asbestos litigation. For the last two decades, plaintiffs have been able to achieve large awards, either through verdicts or settlements, based on questionable injuries, minimal proof, and vague evidence. Although some attorneys are predicting that the large number of cases is starting to diminish because American companies generally stopped using most asbestos products in the 1970s, the caseload for many companies remains large.

Because of the devastating impact asbestos litigation has had on U.S. companies, courts and legislatures have finally begun to retake control of asbestos litigation. On June 8, 2007, the Texas Supreme Court issued its opinion in Borg-Warner Corporation v. Flores, marking the latest step in Texas' transition away from easy asbestos verdicts for plaintiffs. Borg-Warner Corp. v. Flores, 2007 WL 1650574 (Tex. June 8, 2007) ('Flores'). Flores is only the latest in a number of legislative actions and court decisions aimed at reforming Texas' asbestos litigation.

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