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

Press Release
Sep 26, 2025
Hinshaw Recognized as a “Leader in Litigation” in the BTI Consulting Litigation Outlook 2026 Survey

Privacy, Cyber & AI Decoded Alert
Sep 23, 2025
Fall 2025 Regulatory Roundup: Top U.S. Privacy and AI Developments for Businesses to Track

Press Release
Sep 15, 2025
Hinshaw Achieves 2024–2025 Mansfield Rule Certification Plus Status

In The News
Sep 5, 2025
Jessica Riley Reflects in a Law360 Story on Lessons She Learned as a Junior Lawyer

Press Release
Aug 25, 2025
Trial Spotlight: Hinshaw Prevails in ERISA Fiduciary Fraud Case






