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Causation Negligence Expert Testimony

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Adler Pollock & Sheehan P.C.

Rhode Island’s First Asbestos Verdict in Nearly 40 Years

For the first time in nearly 40 years, an asbestos case was tried to verdict in Rhode Island. This case, The Estate of Bonnie Bonito, resulted in a full defense verdict!...more

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

Husch Blackwell LLP on

In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

Shook, Hardy & Bacon L.L.P.

Guijarro v. Enterprise: The Fifth Circuit Analyzes Multiple Issues Pertinent to Product-Liability Cases

The Fifth Circuit’s recent decision in Guijarro v. Enterprise Holdings, Inc., No. 21-40512, 2022 WL 2433778 (5th Cir. July 5, 2022), provides solid foundational arguments on issues pertinent in most product-liability cases....more

Robins Kaplan LLP

Robins Kaplan Justice Report Fall 2020 | VOL. 14 NO. 4

Robins Kaplan LLP on

Marquardt v. Schaffhausen, 941 N.W.2d 715 (Minn. 2020), for example, is a medical malpractice action where Patricia Marquardt suffered a brain injury when she developed an untreated infection after undergoing a knee...more

Husch Blackwell LLP

Missouri’s Recent Take On The Cumulative Expert Standard

Husch Blackwell LLP on

Recently, the Missouri Supreme Court in Shallow v. Follwell affirmed its permissive view of cumulative standard for experts. No. SC 96901 (Mo. Sept. 11, 2018). Put simply, a Missouri court will not exclude multiple experts...more

Harris Beach Murtha PLLC

Significant New York Drug and Device 2017 Product Liability Decisions

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Haight Brown & Bonesteel LLP

Statutory Violation Does Not Establish Causation in Wrongful Death Action

In Anthony Toste v. CalPortland Construction, et al. (No. B256946, filed 3/2/16), the California Court of Appeal for the Second Appellate District affirmed the power of the jury to determine causation as an issue of fact in a...more

Beveridge & Diamond PC

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

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