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Causation › Summary Judgment › Litigation Strategies

Adams & Reese

Warning! Clear Labels Lead to Better Defense Protection for Manufacturers, Says Louisiana Supreme Court

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A recent Louisiana Supreme Court decision confirmed that clear and express warning labels are a powerful defense for manufacturers against product liability claims under the Louisiana Products Liability Act (LPLA), especially...more

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

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Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more

Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

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The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

McGlinchey Stafford

Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation

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A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the...more

Goldberg Segalla

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

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Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more

Goldberg Segalla

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

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Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more

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