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

Press Release
Dec 4, 2025
Hinshaw Recognized by the Leadership Council for Legal Diversity as a 2025 Top Performer

Press Release
Nov 25, 2025
Hinshaw Legal Team Secures Summary Judgment in Gas Station Injury Case

Press Release
Nov 18, 2025
Hinshaw Releases the Third Edition of Duty to Defend: A Fifty-State Survey

In The News
Nov 13, 2025
A Profile on Neil Rollnick: After 57 Years in Practice, He Has No Plans to Retire

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand







