Sixth Circuit Interprets Kentucky's "Substantial Factor" Test for Causation in Asbestos Cases
In The News | 1 min read
Feb 20, 2017
By: Craig T. Liljestrand
In the February edition of his Chicago Law Bulletin column, Hinshaw attorney Craig Liljestrand – a member of the firm's Product Liability and Toxic Torts practice groups – reviewed a recent Sixth Circuit Court of Appeals decision that interpreted Kentucky's "substantial factor" test for causation in asbestos cases.
Liljestrand explained that the plaintiff in the case was a former Navy veteran, who was allegedly subjected to asbestos-laced dust while working in the engine room of a Navy destroyer. Later, he was allegedly subjected to asbestos dust while working as a drywall finisher. In 2011, he was diagnosed with mesothelioma. He sued the manufacturer of the drywall products, seeking punitive damages under theories of strict liability and negligence. The Sixth Circuit, in a 2-1 ruling, found that the plaintiff could not show that the drywall products were a "substantial cause" – i.e. probable cause – of his mesothelioma. Under Kentucky law, asbestos claims must demonstrate that the charged exposure was a "substantial factor" in causing the alleged injury.
Read the full article (PDF)
"'Substantial factor' makes asbestos cases a little different in one state" was published by the Chicago Daily Law Bulletin (subscription required)
Related People
Related Capabilities
Featured Insights

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims



