Focus (Forum & Focus)
Nov. 9, 2007
Guiding Juries
Focus Column - By Michael L. Fox - California will have to reform its jury instructions if it hopes to get toxic-tort cases under control.
By Michael L. Fox
Since the California Supreme Court's decision in Rutherford v. Owens-Illinois Inc., 16 Cal.4th 953 (1997), trial courts have struggled to find appropriate causation instructions for juries in asbestos cases. Done correctly, the instructions would tell the jury to impose liability only if the plaintiff establishes some threshold exposure to the defendant's defective, asbestos-containing pro...
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