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Asbestos Appellate Courts Causation

Husch Blackwell LLP

A Notable Dissent: Paving the Way to Re-examine Asbestos Causation Standards in New York

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It is extremely rare for a civil case filed in New York State to be reviewed by its highest court—the New York Court of Appeals. In 2023, 1,030,781 civil cases were filed in New York State trial courts; however, only 93...more

Goldberg Segalla

Fifth Circuit Affirms Lower Court Ruling Against Final Remaining Defendant

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United States Court of Appeals for the Fifth Circuit - In December 2018, Sue Perry (“decedent”) passed away following her second lung cancer diagnosis. Her surviving husband and daughters (“plaintiffs”) alleged that she...more

McCarter & English, LLP

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v....more

Goldberg Segalla

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Goldberg Segalla on

Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more

White and Williams LLP

New York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain Liability

On April 26, 2022, the New York Court of Appeals described that in toxic tort cases a plaintiff can only establish liability-creating causation for an adverse health effect with “expert testimony based on generally accepted...more

Husch Blackwell LLP

South Carolina Court of Appeals Approves Cumulative Dose Theory, Increased Verdict For Plaintiffs

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On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new...more

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