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Eleventh Circuit Court Rejects "Every Fiber Theory" in Asbestos Case

The District Court of Appeal of the State of Florida for the Fourth District rejected the “every fiber theory” in an opinion issued on September 14, 2016.  The plaintiff in the underlying case presented an expert that opined “every exposure” above background levels to friable, inhaled asbestos would be considered a substantial contributing factor to the alleged mesothelioma.   

However, the Florida appeals court held that the theory that “every asbestos exposure level above background level is a substantially contributing factor has been rejected by courts as insufficiently supported by data or testing…”  In rejecting the every fiber theory, the court relied upon prior decisions from Illinois, North Carolina, Louisiana, Utah, and California cases.

The decision is another holding that rejects the every fiber theory.

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume VI, Number 277
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About this Author

Jim Mulhall, Litigation Attorney, Steptoe Johnson Law FIrm
Member

Jim Mulhall is the leader of the firm's Products Liability Practice Group and Toxic Torts Team.  Mr. Mulhall concentrates his practice in the areas of asbestos, product liability, toxic torts, and mass tort litigation.  He is the co-chair of the International Dispute Resolution Practice Group in TerraLex.

(304) 933-8164
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