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Appellate Courts › Causation

McDermott Will & Emery

Missed Appropriation: Massive Trade Secret Verdict Vacated

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The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Goldberg Segalla

Appellate Court's Liberal Ruling on Accident and Causation

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KEY TAKEAWAYS - In Cronk v. Illinois Workers’ Compensation Commission, the Appellate Court took a very liberal approach in determining what it takes to prove employment is a causative factor. An accidental injury does not...more

McCarter & English, LLP

New York Appellate Ruling in Talc Case Has Implications on Choice of Law Inquiry in Toxic Tort Matters

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The New York Appellate Division, First Department issued an important ruling on May 21, 2024, in In Re: New York City Asbestos Litigation, Patricia Rasso, as independent executor of The Estate of Linda English, deceased v....more

Goldberg Segalla

Dryer Felt Manufacturer’s Judgment Upheld on Appeal

Goldberg Segalla on

Court: Court of Appeals of Washington, Division One - In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources...more

Perkins Coie

First District Invalidates EIR for UC Berkeley’s Student Housing Project at People’s Park for Failure to Analyze Alternative...

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The First Appellate District held that the Regents of the University of California failed to comply with CEQA in certifying the project EIR for its student housing project at People’s Park. Make UC a Good Neighbor v. Regents...more

White and Williams LLP

New York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain Liability

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On April 26, 2022, the New York Court of Appeals described that in toxic tort cases a plaintiff can only establish liability-creating causation for an adverse health effect with “expert testimony based on generally accepted...more

Faegre Drinker Biddle & Reath LLP

The Rule 702 Toolbox: How Do You Solve a Problem Like the Ninth Circuit?

Faegre Drinker Biddle & Reath LLP on

There has been much discussion recently about how Rule 702 is in need of a tune-up to better guide district courts’ gatekeeping. More about that soon. But a case now pending before the Supreme Court, Monsanto Company v....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

Hinshaw & Culbertson - Lawyers for the...

Marijuana Company's Legal Malpractice Claim Goes Up in Smoke

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An Arizona appellate court held that summary judgment was appropriate in a legal malpractice action brought by a medical marijuana company for failure to timely pursue a petition for judicial review where plaintiffs could not...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

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Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

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