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Expert Testimony Toxic Exposure

Marshall Dennehey

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

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Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

Marshall Dennehey

Appellate Division Finds No Reason to Disturb Employer’s Experts’ Qualifications, to Not Accept Their Testimony, and Rejects Claim...

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Bello v. United Panam Financial Corp., No. A-2986-21 (Mar. 6, 2024) - The pro se petitioner appealed from a workers’ compensation order finding that his injuries were not causally related to his employment. The petitioner...more

Marshall Dennehey

Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

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On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the...more

Faegre Drinker Biddle & Reath LLP

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

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

Goldberg Segalla

Shipyard’s Motion to Exclude Plaintiff’s Causation Experts Denied

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U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington...more

Goldberg Segalla

Exclusion of Dr. Staggs’ Specific Causation Opinion Entitles Automotive Defendant to Summary Judgment

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Court: United States District Court for the District of Utah - This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station,...more

Faegre Drinker Biddle & Reath LLP

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

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

Husch Blackwell LLP

Walls Closing in on Experts: Federal Court Clarifies Daubert Rulings in Asbestos Case

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In orders issued on October 25, 2022 and November 9, 2022, U.S. District Court Judge Loretta Biggs provided some clarification to her prior expert rulings in the matter of Walls v. Ford Motor Company, et al., a mesothelioma...more

Goldberg Segalla

Micarta Manufacturer’s Motion for Summary Judgment against third-party plaintiff Avondale denied

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, September 6, 2022 - Plaintiff Ora Adams alleges that her husband, Lional Adams, was exposed to asbestos at defendant, Avondale’s, New Orleans area...more

Goldberg Segalla

After Nemeth, NY Courts Require Stringent Analysis of Proof to Establish Causation in Asbestos Matters. Will Other Jurisdictions...

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As previously reported in Goldberg Segalla’s Asbestos Case Tracker — (NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds – Asbestos Case Tracker) — the New York Court of Appeals recently overturned...more

Goldberg Segalla

District Court Denies Motion to Strike Expert Testimony

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U.S. District Court for the Eastern District of Louisiana, August 23, 2022 - Decedent Callen Cortez sued defendant Hopeman Brothers Inc., among others, claiming that alleged asbestos exposures caused him to develop...more

Goldberg Segalla

Parties Trade Blows as Court Rules to Preclude Expert Opinions

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U.S. District Court for the Middle District of North Carolina, August 11, 2022 The late Robie Walls brought this asbestos action in early 2020 after a mesothelioma diagnosis. He alleged asbestos exposure from his service...more

Goldberg Segalla

NYCAL Decisions Denying Summary Judgment to Floor Tile Manufacturer Reversed

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Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - On July 19, 2022, the First Department reversed three New York City Asbestos Litigation (“NYCAL”) decisions that denied summary judgment to...more

Goldberg Segalla

NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds

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Supreme Court of New York, Appellate Division, First Department, July 19, 2022 - In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder...more

Goldberg Segalla

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

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United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

Goldberg Segalla

Defendants Successful on Motion to Strike Plaintiff’s Expert’s Specific Causation Opinion

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United States District Court for the Northern District of California, July 11, 2022 Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he...more

Goldberg Segalla

Grant of Summary Judgment to Premises/Employer Defendant Upheld on Appeal

Goldberg Segalla on

Superior Court of Pennsylvania, June 23, 2022 - In this asbestos action, decedent John Wheeler alleged asbestos exposure from his work as a millwright at a U.S. Steel (USX) plant. Wheeler’s co-workers testified in this...more

Maron Marvel

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

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Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more

Maron Marvel

NJ Court Enforces Net Opinion Rule On Use of Expert Testimony in Asbestos Case

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In a recent decision on an asbestos exposure case, a New Jersey court once again reminded us that the admissibility of an expert opinion hinges upon the substance of the opinion, rather than the conclusions of the expert...more

Goldberg Segalla

Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

Goldberg Segalla on

U.S. District Court for the Southern District of New York, March 28, 2022 - In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course...more

Husch Blackwell LLP

Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of...

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Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the...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

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

Beveridge & Diamond PC

Eleventh Circuit Rejects Expert Testimony, Affirms Dismissal of Suit Against Fertilizer Plant

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Highlighting the importance of strong expert testimony, the Eleventh Circuit affirmed exclusion of an expert’s testimony where—among other defects—the expert (1) failed to properly assess dose-response, (2) failed to...more

Steptoe & Johnson PLLC

Has the Gate Swung Open? – Recent PA Frye Ruling

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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

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