Appeals, Toxic Exposure, Evidence

Double Take: Fifth Circuit’s Dual BELO Rulings Show Both General and Specific Causation Are Essential

Faegre Drinker Biddle & Reath LLP on 8/5/2025

We previously blogged about a decision in the In re Deepwater Horizon BELO litigation – Ruffin v. BP Exploration & Production, Inc. – in which the Fifth Circuit affirmed summary judgment for defendants in an alleged chemical...more

Defendant Contractor’s Summary Judgment Upheld on Appeal

Goldberg Segalla on 6/5/2025

Jurisdiction: Court of Appeal of California, Second Appellate District, Division Six - Plaintiff Easterling brought this claim based on his diagnosis of lung cancer, which he attributes to asbestos exposure during his work as...more

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

Faegre Drinker Biddle & Reath LLP on 5/30/2025

Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Texas Court Upholds Summary Judgment in Silica Case

Husch Blackwell LLP on 3/10/2025

The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis Requirement for Admissibility of Expert Opinions in Newsome v....

Faegre Drinker Biddle & Reath LLP on 1/24/2025

In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more

The Last One Standing Stands Tall: NJ Asbestos Trial Defendants Can Use Settled Defendants’ Testimony to Prove Cross-Claims

White and Williams LLP on 1/15/2020

Most experienced asbestos trial lawyers will shout, “Depositions live forever!,” suggesting that evidence produced in one case at one time and in one state may live to influence the outcome in many cases for decades to come....more

Is Epidemiology Necessary to Establish Causation in Maryland?

Miles & Stockbridge P.C. on 8/8/2018

Does Maryland law require that experts rely upon epidemiology to establish medical causation in a toxic exposures personal injury case? In Sugarman v. Liles, decided on July 31, 2018, the Maryland Court of Appeals strongly...more

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