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Litigation Strategies Causation Expert Testimony

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Defending Litigation

K&L Gates LLP on

What You Need to Know in a Minute or Less - Effectively defending emerging contaminant litigation requires counsel capable of navigating extremely complex scientific issues related to causation, while also not losing sight of...more

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Proskauer - Minding Your Business

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold....more

Goldberg Segalla

Asbestos Supplier’s Motion Seeking Judgment Notwithstanding the Verdict and New Trial Denied

Goldberg Segalla on

State of New York, Supreme Court, County of Niagara, November 4, 2022 - Plaintiffs Benedict Viglietta and Terri Viglietta alleged that Mr. Viglietta developed mesothelioma as a result of his exposure to asbestos while...more

Goldberg Segalla

Third-Parties Prevail on Summary Judgment Thanks to Employer’s Lack of Evidence

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana, October 24, 2022 - Plaintiff Ronald John Falgout, as the independent executor and successor of decedent Ruby Lee Marie Falgout, brought this action in October...more

Faegre Drinker Biddle & Reath LLP

Experts’ Disagreement with Medical Literature Leads to Exclusion

Peer-reviewed literature can be a powerful tool in attacking an opposing expert’s opinions. A solid, on-point article can do more than merely satisfy several of the so-called Daubert factors for assessing reliability – by...more

Goldberg Segalla

NYCAL Decisions Denying Summary Judgment to Floor Tile Manufacturer Reversed

Goldberg Segalla on

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

Goldberg Segalla on

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

Maron Marvel

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

Maron Marvel on

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

Butler Snow LLP

Pro Te: Solutio – Vol. 11, No. 4

Butler Snow LLP on

Fall has descended upon us, along with that nip in the air and the aroma of pumpkin spice. All of these herald our latest edition of Pro Te: Solutio, which contains three fascinating articles on topics of current interest in...more

Carlton Fields

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

Carlton Fields on

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

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