News & Analysis as of

Toxic Exposure Evidence Expert Testimony

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

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

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

Husch Blackwell LLP on

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

ArentFox Schiff

US District Court to Examine Link Between PFAS and Cancer

ArentFox Schiff on

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

Faegre Drinker Biddle & Reath LLP

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

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

Goldberg Segalla

Grant of Summary Judgment to Premises/Employer Defendant Upheld on Appeal

Goldberg Segalla on

Superior Court of Pennsylvania, June 23, 2022 - In this asbestos action, decedent John Wheeler alleged asbestos exposure from his work as a millwright at a U.S. Steel (USX) plant. Wheeler’s co-workers testified in this...more

Maron Marvel

NJ Court Enforces Net Opinion Rule On Use of Expert Testimony in Asbestos Case

Maron Marvel on

In a recent decision on an asbestos exposure case, a New Jersey court once again reminded us that the admissibility of an expert opinion hinges upon the substance of the opinion, rather than the conclusions of the expert...more

Husch Blackwell LLP

Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of...

Husch Blackwell LLP on

Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

Beveridge & Diamond PC on

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

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