California Appellate Court Upholds “Every Exposure” Theory -
Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more
In a case underscoring the importance of reliable methodologies in expert testimony, the U.S. Court of Appeals for the First Circuit upheld a trial court decision excluding specific causation testimony linking benzene...more
Demonstrating the importance of expert causation evidence, a Pennsylvania appellate court refused a landowner’s request to reopen a case alleging chemicals from a natural gas drilling operation contaminated the landowner’s...more
Underscoring the importance of sound science in expert opinions, the United States Court of Appeals for the Seventh Circuit upheld the exclusion of expert testimony that did not adequately draw or extrapolate from reliable...more
Potentially opening the door for litigation that seeks to tie deep-well injection of hydraulic fracturing flowback and other wastewater to damage caused by earthquakes, the Oklahoma Supreme Court unanimously held that state...more
8/6/2015
/ Causation ,
Corporations Commission ,
Dismissals ,
Earthquakes ,
Exclusive Jurisdiction ,
Fracking ,
Jurisdiction ,
Negligence ,
Oil & Gas ,
OK Supreme Court ,
Proximate Cause ,
Reversal ,
State Law Tort Claims ,
Underground Injection Wells ,
Wastewater
Issuing an opinion that could lower the bar for proving toxic tort causation, the Michigan Court of Appeals held that direct expert testimony may not be necessary to prove causation in a toxic tort case and that a plaintiff...more
PREEMPTION -
Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims -
The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more