The Texas Supreme Court ruled that a defendant will not have to pay a $12 million verdict in an asbestos case because there was inadequate proof the c
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Appeals Court Affirms Summary Judgment for Cart Manufacturer
By Sean Wajert on
Posted in Articles, Consumer Products
The Second Circuit affirmed the grant of summary judgment for a golf cart maker who challenged plaintiff’s expert opinion in a design defect suit by a…
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State Appeals Court Rejects Expert Testimony In Toxic Tort Case
By Sean Wajert on
The Superior Court of Pennsylvania recently rejected the plaintiff’s expert’s opinion on causation, in an interesting Frye decision. See Snizavich v. …
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State High Court Rejects Mold Expert Opinion
By Sean Wajert on
Here’s an interesting expert analysis that arises in the less common Frye context. In Chesson v. Montgomery Mut. Ins. Co., No. 97 (Md., 9/24/13), the …
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State Supreme Court Reaffirms Death of Single Fiber Theory
By Sean Wajert on
Posted in Articles
The Pennsylvania Supreme Court recently reaffirmed several important principles in toxic tort exposure, specifically asbestos, cases. See Howard, et a…
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Lone Pine Issue Appealed to State Supreme Court
By Sean Wajert on
Defendants in a fracking toxic tort case last week petitioned the Colorado Supreme Court to overrule an appeals court decision which had struck down a…
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Consumer Fraud Class Claim Dismissed in Beverage Case
By Sean Wajert on
Readers have seen our warning about the trend in food and beverage claims attacking virtually every aspect of the product’s label as a supposed consum…
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Summary Judgment Granted on Product Identification
By Sean Wajert on
Posted in Articles, Drug and Device
Sometimes simpler is better. In product liability litigation nothing is more basic, perhaps, than proof the plaintiff used defendant’s product. Last w…
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Summary Judgment for Defendant in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
A federal court recently granted summary judgment against Illinois plaintiffs who alleged that the blood clotting drug Trasylol caused the husband’s k…
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Failure of General Causation Proof Leads to Summary Judgment in Chemical Case
By Sean Wajert on
The Ohio appeals court ruled recently that a plaintiff could not pursue her chemical exposure toxic tort suit since her sole general causation expert’…
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