The Sixth Circuit issues and interesting opinion last week, exploring plaintiff’s burden to prove that exposure to defendant’s product caused his inju
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State Supreme Court Holds Causation Evidence Insufficient
By Sean Wajert on
The Vermont Supreme Court recently held that a plaintiff’s evidence that exposure to benzene allegedly caused his cancer was insufficient to get to th…
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Proof of General Causation in Drug Case Not Automatic
By Sean Wajert on
Posted in Articles, Drug and Device
A West Virginia federal court has granted summary judgment against a plaintiff alleging that the heartburn drug metoclopramide caused her tardive dysk…
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MDL Court in Peanut Butter Litigation Grants Multiple Summary Judgments For Defense
By Sean Wajert on
The MDL court overseeing the coordinated federal litigation stemming from a 2007 peanut butter recall recently granted summary judgment to the defenda…
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Failure to Warn Even When You Warn? Court Rejects Plaintiff’s Theory
By Sean Wajert on
One of the fascinating and disturbing things about failure to warn claims is the endless supply of creative, far-fetched, fantastic, implausible, fanc…
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Plaintiff Expert Must Exclude Other Plausible Causation Theories
By Sean Wajert on
Posted in Articles, Consumer Products
In an interesting products/fire case, the Texas Supreme Court confirmed last week that a plaintiff’s expert must explain or disprove alternative causa…
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