Hawaii Supreme Court Reorders Causation Test For Mass Toxic Tort Cases

( October 28, 2026, 9:24 AM EDT) -- HONOLULU — The Hawaii Supreme Court in a ruling addressing a nearly three-decade-long pesticide exposure case by banana plantation workers said the appropriate approach to causation in mass toxic tort cases is set out in comment g in Section 26 of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm, but that the three factors must be considered in a different order....