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(Parker had ruled that the unreasonably dangerous nature of the mineral had been established in Borel and was thus a matter of law.) In finding against Parker, however, the Fifth Circuit justices noted that there were more than three thousand asbestos plaintiffs in the Eastern District of Texas alone, and sympathized with his attempt to deal with the problem

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However, this depends on the counterfactual of what the person would have done otherwise: if they would have remained nicotine-nave, this represents a net harm that must be factored in to the total population health impact