Texas Supreme Court Reaffirms A Rigorous Toxic Tort Causation Standard

Thompson & Knight attorneys look at a Texas Supreme Court decision from earlier this month, in which the court reaffirmed its holding in a seminal 2007 decision, Borg-Warner Corp. v. Flores. In that case, the court established a “substantial factor” standard of causation in toxic tort cases. On July 11 the court in Bostic v. Georgia Pacific Corp reaffirmed, specifically in the context of asbestos cases, saying that when multiple exposures are alleged, the plaintiff must establish the dose of fibers to which he was exposed by the defendant’s product, and it must be “substantial.”