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Causation Toxic Chemicals Toxic Exposure

MG+M The Law Firm

PCBs and Precedent: What the Monsanto Settlement Means for Future Toxic Torts - (UPDATED)

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Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more

Harris Beach Murtha PLLC

National Mass Torts: 2024 Year in Review

Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the...more

ArentFox Schiff

US District Court to Examine Link Between PFAS and Cancer

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Amidst mounting per- and polyfluoroalkyl substances (PFAS) regulation and litigation, the Multidistrict Litigation (MDL) judge overseeing the federal litigation related to firefighting foam has scheduled a “Science Day.”...more

Marshall Dennehey

Claimant’s Evidence Satisfied the Three-prong Test to Support the Section 301(F) Presumption That a Firefighter’s Chronic Myeloid...

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Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf - The claimant was a firefighter who developed chronic myeloid leukemia that was diagnosed in 2014. He learned his...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Asks the Right Questions, Affirms Summary Judgment on Plaintiffs’ Herbicide Claims as Untimely and Lacking...

As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more

Faegre Drinker Biddle & Reath LLP

Texas Supreme Court Refocuses on Causation and Affirms Summary Judgment in Herbicide Drift Case

The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more

Faegre Drinker Biddle & Reath LLP

Not All’s Well That Ends Well: The Seventh Circuit Misapplies Daubert, but Still Delivers a Victory

The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more

Eversheds Sutherland (US) LLP

Monsanto verdict reduced but case highlights jury realities in products cases

Recently, a jury in San Francisco was asked to determine whether “Roundup,” the world’s most popular and widely used herbicide, causes cancer - a question debated in hundreds of studies by oncologists, clinicians, chemists...more

Steptoe & Johnson PLLC

Has the Gate Swung Open? – Recent PA Frye Ruling

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The Pennsylvania Superior Court recently issued an opinion in Walsh v. BASF Corp. addressing the gatekeeper role of the trial judge when reviewing and ruling on the admissibility of expert causation opinions. The PA Superior...more

Beveridge & Diamond PC

Faulty Expert Testimony Leads to Dismissal of Benzene Exposure Claims

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Illustrating the importance of expert testimony in toxic torts, the United States Court of Appeals for the Tenth Circuit recently dismissed a plaintiff’s appeal after finding that the plaintiff’s expert witness (1) provided a...more

Beveridge & Diamond PC

Seventh Circuit Affirms Exclusion of Plaintiffs’ Causation Experts in Vinyl Chloride Case

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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

Beveridge & Diamond PC

Michigan Court Finds Expert Testimony Not Necessary to Show Link Between Chemical Exposure and Injury

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

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