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Toxic Tort & Product Liability Quarterly Volume 7, Number 3

PREEMPTION - Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims - The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more

New York Court of Appeals Addresses Proof of Causation in Lead Paint Exposure Litigation

In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more

Toxic Tort and Environmental Litigation: Court of Appeals Revisits and Clarifies Causation Requirements for Expert Opinions

Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...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

C6 Litigation Given Reprieve in California by the Ninth Circuit

The Ninth Circuit Court of Appeals recently reopened the door for “C6” plaintiffs in California when it overturned the summary judgment and evidentiary rulings of Northern District Judge Susan Illston. ...more

The Bradford Hill Criteria: The Forgotten Predicate

Introduction - In product liability litigation, the determinants of causation between an agent and a disease are frequently a critical issue. In 1965 Sir Austin Bradford Hill, a British epidemiologist and...more

Causation is Not Elementary, My Dear

Sherlock Holmes famously said, “when you have eliminated the impossible, whatever remains, however improbable must be the truth.” This reasoning has been adopted by trial judges seeking to resolve questions of causation. In...more

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more

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