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Causation › Daubert Standards › Toxic Exposure

Faegre Drinker Biddle & Reath LLP

Foundation, Not Façade — The Fifth Circuit Affirms the Proper Basis Requirement for Admissibility of Expert Opinions in Newsome v....

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In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Asks the Right Questions, Affirms Summary Judgment on Plaintiffs’ Herbicide Claims as Untimely and Lacking...

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As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more

Faegre Drinker Biddle & Reath LLP

What Dose Makes the Poison? Where Expert Cannot Say, Eleventh Circuit Affirms Summary Judgment

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A central tenet of toxicology is that “the dose makes the poison.” Every chemical is toxic if enough of it is consumed, and every chemical has some dose – even if miniscule – at which it poses no significant risk. A chemical...more

Faegre Drinker Biddle & Reath LLP

Texas Supreme Court Refocuses on Causation and Affirms Summary Judgment in Herbicide Drift Case

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The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more

Butler Snow LLP

Correlation Equals Causation? Potential Hurdles for Defendants in Daubert Motions against Causation Experts.

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Kovach v. Wheeling & Lake Erie Ry. Co., No. 3:18-CV-02826-JGC, 2021 WL 3774900 (N.D. Ohio Aug. 25, 2021) encourages defense attorneys to challenge experts with tactics other than Daubert, as the court avoided excluding...more

Faegre Drinker Biddle & Reath LLP

Not All’s Well That Ends Well: The Seventh Circuit Misapplies Daubert, but Still Delivers a Victory

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The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more

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