Asbestos Expert Testimony

News & Analysis as of

Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

California District Court Grants Summary Judgment Based on Lack of Evidence Supporting Claims for Asbestos Exposure

A California district court recently granted summary judgment in favor of four defendants on the grounds that plaintiffs had no evidence that a decedent was exposed to asbestos from defendants’ products. (Livingston v. ABB,...more

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Louisiana Federal Court Excludes “Every Exposure” Testimony

Adding to the growing body of case law that rejects the so-called “every exposure” theory, a federal court in Louisiana has excluded specific causation opinions of a plaintiffs’ expert who relied on the theory, finding that...more

Chicago Federal Court Bars Expert Testimony Espousing the “Any Exposure” Theory

On December 22, 2014, in a pre-trial ruling, the U.S. District Court for the Northern District of Illinois, in Krik v. Crane Co., et al., No. 1:10-cv-07435 (N.D. Ill. December 22, 2014) barred perennial plaintiff’s expert Dr....more

One Expert In, One Expert Out in Illinois Asbestos Case

An Illinois federal judge recently approved only one of two well-known asbestos experts to testify in a former pipefitter’s asbestos exposure case. U.S. District Judge John Z. Lee of the Northern District of Illinois held...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

"Every Asbestos Exposure Counts" - Maryland Affirms Theory

Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,...more

California Court of Appeal Allows Non-Medical Experts to Opine on Specific Causation in Asbestos

A California Court of Appeal panel recently broadened a plaintiff’s ability to prove specific causation by holding that a plaintiff need not retain a medical professional to opine that the defendant’s product was a...more

An Echo of Boomer: DC Court Nixes Plaintiffs’ Adaptation of Expert Testimony to Fit Boomer Sufficiency Test

Wannall v. Honeywell Int’l. Inc., 2013 WL 1966060 (D.D.C.) - Earlier this year, the Virginia Supreme Court rejected the “substantial contributing factor” test for causation in asbestos cases. Ford Motor Co. v. Boomer,...more

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more

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