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Toxic Exposure Expert Witness

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

Marshall Dennehey

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

Marshall Dennehey on

Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

Adler Pollock & Sheehan P.C.

Amendment of Federal Rule of Evidence 702 & Impact on Asbestos/Talc Litigation

Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of...more

Marshall Dennehey

Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

Marshall Dennehey on

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the...more

Goldberg Segalla

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

Goldberg Segalla

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

Husch Blackwell LLP

If Only All Asbestos Cases Were Pending in New York… Nemeth v. Brenntag North America

Husch Blackwell LLP on

New York’s Court of Appeals recently reversed a $16,500,000 asbestos jury verdict in a case brought by decedent Florence Nemeth and her husband, who alleged that Mrs. Nemeth’s cancer was caused by her use of Desert Flower...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

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Faegre Drinker Biddle & Reath LLP

Failure to Fully Disclose Expert Opinions Results in Summary Judgment

Federal Rule of Civil Procedure 26(a)(2) requires retained expert witnesses to provide an expert report which gives “a complete statement of all opinions the witness will express and the basis and reasons for them.” Fed. R....more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Miles & Stockbridge P.C.

Maryland Court of Appeals Holds that Expert Is Not Permitted to Opine as to Source of Lead Paint Exposure Based Solely Upon...

Miles & Stockbridge P.C. on

On October 16, 2015, in Jakeem Roy v. Sandra B. Dackman, et al., No. 6, Sept. Term 2015 (Md. Oct. 16, 2015), the Court of Appeals of Maryland held that a pediatrician is not qualified to offer an expert opinion regarding the...more

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