News & Analysis as of

Expert Witness Asbestos Mesothelioma

Goldberg Segalla

Defendants’ Motions to Preclude Expert Reports Denied

Goldberg Segalla on

Court: United States District Court for the Southern District of New York - Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma....more

Adler Pollock & Sheehan P.C.

Amendment of Federal Rule of Evidence 702 & Impact on Asbestos/Talc Litigation

Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of...more

Goldberg Segalla

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

Goldberg Segalla

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

Goldberg Segalla on

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

Husch Blackwell LLP

If Only All Asbestos Cases Were Pending in New York… Nemeth v. Brenntag North America

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New York’s Court of Appeals recently reversed a $16,500,000 asbestos jury verdict in a case brought by decedent Florence Nemeth and her husband, who alleged that Mrs. Nemeth’s cancer was caused by her use of Desert Flower...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Husch Blackwell LLP

South Carolina Court of Appeals Approves Cumulative Dose Theory, Increased Verdict For Plaintiffs

Husch Blackwell LLP on

On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new...more

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

Rumberger | Kirk on

The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

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