In a January ruling, Texas Asbestos MDL Judge Davidson held that Responsible Third Party defenses are subject to no-evidence summary judgment practice. Citing the ``poultry justice`` maxim of ``what`s good for the goose is good for the gander,`` the court held that a Defendant asserting the RTP defense must provide summary judgment evidence of causation consistent with the standard the Texas Supreme Court established for plaintiff claims in Borg Warner v. Flores. To survive summary judgment, asbestos defendants will be required to provide ``evidence of a numeric dose to which a claimant was exposed`` for each RTP plead.

Download Judge Davidson`s opinion letter regarding Responsible Third Party defenses. (PDF:475KB)