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PA Supreme Court Hears Oral Arguments Regarding “Any Given Exposure” Theory in Rost

The Pennsylvania Supreme Court has recently heard oral arguments regarding the “any given exposure” theory in the Rost case. The plaintiff argued that the expert opined that all documented exposures would play a causative role in plaintiff’s development of mesothelioma as opposed to opining that “any given exposure” caused the same.

Seemingly appreciating this subtle distinction, the Court cautioned defendants against attempting to setup reversible error by trapping plaintiff’s experts into using such prohibited “any given exposure” language, a strategy which the Court deemed a “reverse magic words argument.”

Consequently, the causation standard in Pennsylvania, while continuing to prohibit the “any given exposure” opinion, may be in flux with the ultimate Rost decision, and it will be interesting to learn how the Court ultimately rules on this arguable distinction.

This alert serves as an update on the authors’ original alert regarding the Rost case, which can be found here. Please stay tuned for an update regarding the Court’s ultimate opinion on this issue and please contact the authors regarding how this case may affect your business.  

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume VI, Number 113
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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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