News & Analysis as of

Burden of Proof Toxic Exposure

DRI

Counting Is Not Causation – Plaintiffs’ Flawed Reliance on the So-Called “10 Key Characteristics” of Cancer

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Plaintiffs in product liability litigation are increasingly using the so-called “10 key characteristics of cancer” to connect plaintiffs’ alleged exposure to an alleged carcinogen with the development of cancer....more

Goldberg Segalla

Plaintiff’s Expert Precluded under Rule 702, Talc Defendant’s Motion for Summary Judgment Granted

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4th Circuit US District Court - Plaintiff Patricia McElroy claimed asbestos exposure via talc-based beauty products from varying brands and asserted a cause of action based upon negligence and product liability, including...more

Goldberg Segalla

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Goldberg Segalla on

Supreme Court of New York, Erie County, October 6, 2022 - In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes...more

Goldberg Segalla

Summary Judgment Affirmed for Trailer Manufacturer

Goldberg Segalla on

Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Dismisses Asbestos Case

On Tuesday April 26, 2022, in Nemeth v. Brenntag North America, New York’s highest court dismissed the manufacturer of a cosmetic talc product in an asbestos case. For the second time in the last 4 years, the New York Court...more

Husch Blackwell LLP

The Impact of Droz on Evidentiary Standards in Delaware

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On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision This decision affirms...more

Maynard Nexsen

Talc Litigation: The Big Picture

Maynard Nexsen on

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained...more

Polsinelli

Illinois Appellate Court Reverses Asbestos Verdict on Sole Proximate Cause Argument

Polsinelli on

In Smith v. Illinois Central Railroad Co., the Fourth District of Illinois recently overturned a $1.4 million verdict against the Illinois Central Railroad. At trial, the Court had excluded evidence of the decedent's work at...more

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