Philadelphia Common Pleas Court Bars Expert Testimony in Toxic Tort Actions


In a much anticipated ruling, the Philadelphia Court of Common Pleas barred plaintiffs' experts in three asbestos cases from offering testimony that "each and every exposure to asbestos" is a substantial contributing factor in asbestos-related toxic tort actions. The Frye hearing arose from a Motion for a Frye Hearing filed by Defendant Chrysler LLC and joined in by Defendants Ford Motor Company, General Motors Corporation and Honeywell Corporation. The court's decision pertains specifically to three asbestos cases: Caswell v. A.W. Chesterton, Inc., et al., 0609-0782; Duke v. Chrysler LLC, et al., 0612-3451; and Fisher v. A.O. Smith Corp., et al., 0608-2483.

The ruling may significantly weaken a plaintiff's claims against tertiary asbestos defendants, such as automobile companies and other friction materials manufacturers.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Toxic Torts Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Duane Morris LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »