July 19, 2012
477 Madison Avenue, 15th Floor
New York, NY 10022-5835
(212) 702 5417
477 Madison Avenue, 15th Floor
New York, NY 10022-5835
(212) 702-5414

Contributors:
›  Peter Keays
›  Jessalee Landfried
›  Gayatri Patel
›  Toren M. Elsen



For more information about our firm, please visit www.bdlaw.com .

Office Locations:
› Washington, DC
› Maryland
› New York
› New Jersey
› Massachusetts
› Texas
› California

I.   EXPERTS

Pennsylvania High Court Rejects “Any Exposure” Theory

Dealing a blow to plaintiffs who lack evidence of a significant exposure, Pennsylvania’s highest court rejected the testimony of a plaintiff’s expert that “any exposure”  to asbestos – regardless of the amount, duration or frequency – could have caused plaintiff’s injury.

Fifth Circuit Excludes Expert Opinion for Failing to Establish Causation in Exposure Case

Emphasizing that expert causation testimony must be based on reliable scientific grounds, the Fifth Circuit upheld the exclusion of testimony that failed to demonstrate a causal link between chemical exposure and chronic lung disease.

Court Allows Pain and Suffering Question to Go to Jury in Chemical Plant Accidental Death Case

Reaffirming the availability of damages related to short periods of pain and suffering that may occur prior to loss of consciousness, the United States District Court for the Western District of Kentucky denied a defendant’s motion for summary judgment on a claim for pain and suffering associated with a worker’s accidental death at a chemical plant.

II.   CAUSATION 

Colorado Court Dismisses Fracking-Related Tort Claims for Lack of Causation Evidence

In a decision that reaffirms the importance of having plaintiffs establish causal connections for their claims prior to full discovery, a Colorado state court used a so-called Lone Pine order to dismiss plaintiffs’ hydraulic fracturing-related toxic tort suit against three natural gas drilling companies.

Florida Court Allows Medically Possible Alternate Causation Evidence

In a decision that may strengthen certain defendants’ ability to offer alternate causation evidence, a Florida appellate court allowed introduction of medically possible , even if not probable , theories for a former smoker’s cancer.

III.   CLASS ACTIONS

Trial Court Denies Class Certification in Drinking Water Contamination Case

Underscoring the challenges to certifying class actions in mass tort cases, an Illinois trial court denied plaintiffs’ motion for class certification in an action seeking damages for personal injuries resulting from contaminated drinking water.

IV.   DESIGN DEFECTS

New York Court Allows Plaintiff To Rely Solely On Circumstantial Evidence of Defect

Giving a boost to Plaintiffs who are not able to adduce direct evidence of a design defect, New York’s intermediate appellate court allowed a plaintiff to prove its design defect claims based solely on circumstantial evidence.

V.   CERCLA

Federal Court Dismisses Claim for Apportionment of Liability

Reinforcing the difficulty of escaping CERCLA’s joint and several liability scheme, the U.S. District Court for the Eastern District of Washington held that a potentially responsible party must account for the entirety of the harm it is seeking to divide before equitable apportionment may apply. 

View Site in Mobile | Classic
Share by: