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Cancer Causation

Goldberg Segalla

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard...more

Goldberg Segalla

Motion for Summary Judgment of Valve Manufacturer Denied

Goldberg Segalla on

Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a...more

Harris Beach PLLC

Defendants Can Leverage IARC Statement on Two PFAS Compounds, PFOA AND PFOS

Harris Beach PLLC on

PFAS defendants can use the International Agency for Research on Cancer’s (IARC’s) recent statement on the carcinogenicity of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in support of causation and...more

Husch Blackwell LLP

Lawsuit Based on Benzene in Aerosol Antiperspirant Dismissed with Prejudice

Husch Blackwell LLP on

A breast cancer lawsuit based on trace levels of benzene in aerosol antiperspirant was dismissed with prejudice by a federal judge in Louisiana, because causation was not sufficiently pled. In particular, the plaintiffs...more

Faegre Drinker Biddle & Reath LLP

The Zantac Rule 702 Order: TLBR (Too Long, But Read)

On opening an opinion, lawyers habitually roll their eyes when they see a table of contents. Even more so when they learn the opinion is over 300 pages. The MDL order granting defense motions to exclude experts and for...more

Faegre Drinker Biddle & Reath LLP

Sue Generous and the Laws of Legal Physics: Preventing Asbestos Mission Creep in California Courts

It is virtually a law of legal physics in California that liability tends to expand until a critical mass of appellate courts rule that it has reached its limit, or the Supreme Court puts up a stop sign (a vanishingly rare...more

Maron Marvel

We Are What We Eat: How a Person’s Diet Can Play a Part in Defending a Toxic Tort Case

Maron Marvel on

For as long as humanity has existed, there has been a love-hate relationship with food and diet in our daily lives. We love celebrating a big moment in our life with a Michelin-rated meal, but the next day many of us are...more

Harris Beach PLLC

Update to Legal Alert: Summary Judgment Reversed In Toxic Tort Matter Involving Bladder Cancer and Exposure to O-Toluidine

Harris Beach PLLC on

We previously wrote about a federal magistrate judge’s report and recommendation denying exclusion of Plaintiffs’ specific causation expert and granting Defendants’ motions for summary judgment in a toxic tort suit arising...more

Faegre Drinker Biddle & Reath LLP

Southern District of Texas Holds Learned Intermediary Doctrine Applies to Clinical Trials

Does the learned intermediary doctrine apply in the context of a clinical trial? According to the Southern District of Texas, it does. The case in question is Butler et al. v. Juno Therapeutics, Inc., a tragic case...more

BCLP

Why Companies Should Consider Genomic Evidence In Defending Toxic Torts

BCLP on

What is Genomics? Genomics is the study of all the genes within an organism, including humans, and how all of those genes are interrelated and influence the organism.  Genetics is primarily focused on single genes.  Genomics...more

Eversheds Sutherland (US) LLP

Monsanto verdict reduced but case highlights jury realities in products cases

Recently, a jury in San Francisco was asked to determine whether “Roundup,” the world’s most popular and widely used herbicide, causes cancer - a question debated in hundreds of studies by oncologists, clinicians, chemists...more

Steptoe & Johnson PLLC

Has the Gate Swung Open? – Recent PA Frye Ruling

Steptoe & Johnson PLLC on

The Pennsylvania Superior Court recently issued an opinion in Walsh v. BASF Corp. addressing the gatekeeper role of the trial judge when reviewing and ruling on the admissibility of expert causation opinions. The PA Superior...more

Maynard Nexsen

Talc Litigation: The Big Picture

Maynard Nexsen on

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained...more

Cooley LLP

Blog: Court Of Appeal Considers Application Of Fairchild Test In Asbestos-Induced Lung Cancer Cases

Cooley LLP on

In Heneghan v Manchester Dry Docks Ltd & Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like...more

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