There is likely no more fundamental notion in product liability law than the recognition that the defendant’s product must cause the injury complained
Continue Reading Alabama Legislature Enacts Causation in Fact Requirement
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State Supreme Court Reinstates Defense Jury Verdict in Silica Litigation
By Sean Wajert on
Posted in Articles, Toxic Tort
The Mississippi Supreme Court confirmed last week that the jury could have properly determined that plaintiff’s evidence failed to prove in a silica c…
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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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Federal Court Reaffirms Summary Judgment in NORM Case
By Sean Wajert on
A federal court recently reaffirmed its prior ruling that a plaintiff’s expert failed to establish causation in a suit alleging increased risk of canc…
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DES Plaintiff’s Reach for Market Share Liability Rejected Again
By Sean Wajert on
Posted in Articles, Drug and Device
If asbestos is the grandfather of mass torts, the DES litigation may be the grandmother, with claims continuing today for harm allegedly caused by in …
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State Supreme Court Clarifies Causation Standard in Asbestos Case
By Sean Wajert on
The unique and overwhelming features of the grandfather of all mass torts, asbestos, has created bad law in many jurisdictions, procedurally and subst…
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Fifth Circuit Affirms Exclusion of Plaintiff Causation Experts in Chemical Case
By Sean Wajert on
The Fifth Circuit recently affirmed the dismissal of most of a plaintiff’s personal injury claims against a chemical company, based on the conclusion …
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State Supreme Court Issues Significant Asbestos Ruling
By Sean Wajert on
Posted in Articles, Toxic Tort
The Pennsylvania Supreme Court last week issued a potentially highly significant decision in the long-standing asbestos mass tort. See Betz v. Pneumo …
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Beverage Maker Not Liable for Alleged Failure to Warn
By Sean Wajert on
The maker of a drink containing alcohol and caffeine was not liable to a woman allegedly injured when the driver of the motorcycle on which she was a …
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Amicus Urges Supreme Court to Reverse Causation Junk Science Decision
By Sean Wajert on
DRI (the Defense Research Institute) last week submitted an amicus brief urging the Supreme Court to review a federal appeals court decision that thre…
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