News & Analysis as of

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s...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

Threshold for Admissibility of Expert Opinion Affirmed by Pennsylvania Appellate Court

Pennsylvania’s intermediate appellate court recently affirmed an order granting summary judgment for Rohm and Haas (R&H) in a chemical exposure wrongful death action, finding the plaintiff’s expert’s opinion regarding...more

Differentiating Between Junk Science and Admissible Expert Opinion in Pennsylvania

In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion. A recent appellate decision in Pennsylvania in Snizavich v. Rohm and Haas Company provides useful...more

Florida High Court Reinstates $1.2 million Judgment Against Law Firm of Prospective Client

On October 24, 2013, the Florida Supreme Court reinstated a $1.2 million final judgment awarded to a prospective client of a personal injury law firm who sat in a chair that collapsed during a consultation at the firm. See...more

Florida High Court to Examine Burden-Shifting in Medical Malpractice Cases

On June 3, 2013, the Florida Supreme Court accepted review of a medical malpractice case to address the issue of whether it is impermissible burden shifting for a defendant-doctor to argue that the plaintiff failed to present...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

Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...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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