The Third Circuit last week affirmed the exclusion of expert testimony in a toxic tort suit in which plaintiff alleged defendants’ insecticide product
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specific causation
Appeals Court Upholds Summary Judgment Based on Daubert in Benzene Case
The Sixth Circuit last week upheld the dismissal of a plaintiff”s claim that benzene exposure caused her cancer. Pluck v. BP Oil Pipeline Co., No. 09…
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Court of Appeals Affirms Exclusion of Plaintiff Causation Experts in Toxic Tort Case
Insecticide manufacturers held on to summary judgment as the Eight Circuit affirmed the lower court’s causation ruling under Daubert. Junk v. Terminix…
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Proof of General Causation in Drug Case Not Automatic
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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Federal Court Grants Daubert Motion and Summary Judgment in Toxic Tort Cases
A federal court last week dismissed consolidated toxic tort suits brought against Alcoa Inc. and other defendants brought by employees of Lockheed Mar…
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Court of Appeals Vacates Jury Verdict for Plaintiff in Welding Case
The Sixth Circuit last week vacated one of the rare plaintiff verdicts in the welding rod litigation. Tamraz v. Lincoln Electric Co., et al., 2010 WL …
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Causation Expert Opinions Excluded in Toxic Tort Case
A federal judge has issued an opinion explaining her Daubert and summary judgment rulings in a case brought by a consumer who alleged he contracted lu…
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Causation Proof Still Insufficient In Drug Case
A while back we posted about an interesting toxic tort case involving important causation issues. See Zandi v. Wyeth, 2009 WL 2151141 (Minn.App.). A M…
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Daubert Ruling In Zyprexa: A Lesson For Mature Mass Torts
Zyprexa is a mature mass tort, as the defendant has settled approximately 31,000 individual product liability lawsuits over the drug, which was widely…
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