Asbestos Litigation in California: Can it Change for the Better?

Abstract

This Article examines several defining aspects of asbestos litigation in California, both to assess the current state of the applicable law and to evaluate what might be done to make the handling of these cases more effective, efficient, and fair. Specifically, this Article will suggest:

• using forum non conveniens motions to transfer cases to appropriate jurisdictions
• bringing back the "substantial" in the substantial factor test
• adopting Daubert or other preliminary assessments for the adequacy of the foundation for an expert's opinions and the reliability of such testimony
• educating the jury on the ramifications of joint liability to ensure that the award reflects the respective fault assessed
• ensuring fairness in the way in which settlement credits are calculated for purposes of off-setting economic damages post verdic