Borg-Warner Corp. v. Flores

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant-specific evidence relating to dose was necessary to determine whether exposure from a defendant was a substantial factor in causing the disease in Texas
• recognizing difficulties of proving asbestos claims against individual defendants, yet requiring plaintiffs to meet that burden
• stating that Flores “seemingly” satisfied Lohrmann’s frequency-regularity-proximity test where the evidence showed that “Flores worked in a small room, grinding brake pads composed partially of embedded asbestos fibers, five to seven times per week over a four year period”
• stating that epidemiological ″studies are not necessary to prove causation″
• evidence of the dose level or quantum of the plaintiff s exposure is a critical causation factor, as evidence of merely “some” exposure is insufficient
• evidence of the dose level or quantum of the plaintiff’s exposure is a critical causation factor, as evidence of merely “some” exposure is insufficient

Source: CourtListener parenthetical corpus (CC0).