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Causation Litigation Strategies

Law School Toolbox

Bar Exam Toolbox Podcast Episode 260: Listen and Learn -- Elements of a Crime

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Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on the basics of Criminal Law – that is, the elements of a crime. Specifically, we're going to spend some time diving into the two most important elements:...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

DRI

[Event] Civil Rights and Governmental Tort Liability Seminar - January 17th - 19th, Phoenix, AZ

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​​​​​​​DRI is proud to announce the 37th annual Civil Rights and Governmental Tort Liability Seminar in Phoenix, AZ! This seminar will provide you with invaluable information and tools to represent your governmental clients....more

Goldberg Segalla

Supplier’s Motion for Summary Judgment on Causation Denied

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag....more

Goldberg Segalla

Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

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Court: Supreme Court of New York, Erie County - In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a...more

Goldberg Segalla

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

Goldberg Segalla on

Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...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

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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

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

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Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more

Goldberg Segalla

NYCAL Decisions Denying Summary Judgment to Floor Tile Manufacturer Reversed

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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

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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

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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

Hogan Lovells

International Products Law Review 2020: Issue 76

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We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Hanzo

How a Multifaceted Lawyer Takes on Multidistrict Litigation

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Sean Burke, Partner at Duane Morris, fills us in on the challenges of multidistrict litigation, the advantages of social media evidence, and new medical device technology. Sean Burke, a partner at Duane Morris LLP,...more

Butler Snow LLP

Pro Te: Solutio – Vol. 11, No. 4

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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

Holland & Hart - Your Trial Message

Ask If Your Jurors’ Causal Thinking Is Based on Facts or Possibilities

In one scenario, a worker is on a ladder, painting a ceiling at a local mall. The mall’s management did not order enough safety lines and the worker decides to go ahead and paint without one. After falling and being seriously...more

Cozen O'Connor

Bellwether Trials: What Manufacturers Can Learn from the GM Ignition Claim MDL

Cozen O'Connor on

As product liability multidistrict litigation becomes more prevalent, it is important for manufacturers to understand how the bellwether trial process works and how to use it to their advantage. The ongoing bellwether trials...more

Carlton Fields

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

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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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