Texas

Much has been written in recent years about changes to the litigation landscape in Texas.  Clearly, the significant tort reform passed in this state, particularly the sweeping reforms in 2003, have greatly impacted the way litigation is pursued, and how cases are tried, in Texas.  Overall, filings in mass tort, toxic tort, product liability and catastrophic injury claims are well down from the mid-1990’s when torts, as much as oil, ruled the Lone Star State.

A trend has emerged across the country whereby more courts are rejecting the every exposure theory in asbestos litigation.  This theory, also referred to the single fiber theory, is used by plaintiffs in asbestos litigation to argue that a single fiber is substantially causative of asbestos-related diseases.