News & Analysis as of

Summary Judgment Evidence Toxic Exposure

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Clouds Threshold Dose Analysis in Ruffin v. BP

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

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

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The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Faegre Drinker Biddle & Reath LLP

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

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

Goldberg Segalla

Boiler Manufacturer’s Motion for Summary Judgment Denied

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies...more

Goldberg Segalla

Pump Manufacturer’s Motion for Summary Judgment Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County - Defendant Milton Roy LLC filed a motion for summary judgment on the grounds that the plaintiff failed to identify Milton Roy as a manufacturer of any asbestos-containing...more

Goldberg Segalla

Supplier Defendant Succeeds in Opposing Punitive Damages

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Superior Court of California, County of Los Angeles - In this asbestos action, the court considered various defense motions. Defendant Western Auto Supply company filed a request opposing punitive damages, arguing...more

Goldberg Segalla

Shipyard Defendant Obtains Summary Judgment Due to Prior Release

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Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, Felton Robichaux worked as an insulator and carpenter at Avondale Shipyard from 1961 to 1979, and alleges he was exposed...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

Beveridge & Diamond PC

Maryland Court of Appeals OKs Circumstantial Causation Evidence in Lead Paint Cases

Beveridge & Diamond PC on

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

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