Craig Liljestrand CDLB Column: Ohio Supreme Court Determines R.C. 2307.96 'Substantial Factor' cannot be met through 'Cumulative-Exposure Theory'
In The News | 1 min read
Apr 3, 2018
Hinshaw partner Craig Liljestrand has published his latest Chicago Daily Law Bulletin column titled "Cumulative asbestos effect loses out." The article analyzes the case of Schwartz v. Honeywell International Inc., Slip Opinion No. 2018-Ohio-474 (Feb. 8, 2018), where the Ohio Supreme Court was called upon to determine whether the "statutory construction of R.C. 2307.96, a 'substantial factor' requirement may be met through a 'cumulative-exposure theory.'"
Liljestrand discusses the court's decision, in which the Court found that the "cumulative exposure" theory is incompatible with the plain language of the statute. First, R.C. 2307.96 requires an individualized determination for each defendant; second, the theory conflicts with the statutory requirement that substantial causation be measured based on the manner, proximity, length and duration of the exposure; and third, it does not consider the relationship different exposures may have to the overall dose to which an individual is exposed.
Read "Cumulative asbestos effect loses out" (PDF)
You can also read "Cumulative asbestos effect loses out," on the Chicago Daily Law Bulletin website (subscription required)
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
Sep 18, 2026
Paris Glazer Named to Chicago Daily Law Bulletin’s 2026 40 Attorneys Under Forty

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 17, 2026
Federal and State Regulators Continue Crackdown on Junk Fees

Press Release
Sep 17, 2026
Defense Verdict Reduces $134 Million Demand to $2 Million in Catastrophic Motorcycle Injury Case

Insights for Insurers Alert
Sep 16, 2026
America 250: The Nation’s Unique Contributions to Insurance Coverage Law and Litigation

In The News
Sep 15, 2026
Lucy Wang Discusses the California Insurance Commissioner’s Role in Protecting Consumers

Press Release
Sep 10, 2026
Hinshaw Attorneys Recognized as 2027 Lexology Index Thought Leaders: USA

In The News
Sep 10, 2026
Nicholas Ajello and Gregory Emry Analyze FAA’s Proposed BVLOS Drone Regulations

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee


