One of the major concerns of the plaintiffs' bar was that the Court of Appeals decision in Bostic seemed to require a showing of strict "but-for" causation—so that but for the exposure to a specific ...

Somewhat unobtrusively, New York’s highest court recently issued a decision in an asbestos case (see Dan M. Clark, “NY Court of Appeals Affirms Decision Tossing $11M Asbestos Verdict,” N.Y.L.J., Nov.

Causation is often the biggest hurdle a plaintiff must clear in proving a toxic tort case. For that reason, it would be expedient if a plaintiff could get to trial on the issue of causation merely by ...

For five years, Bandleader Emery Deutsch and his wife vainly sought damages from Manhattan’s Doctors Hospital for the permanent mental retardation of their son. The Deutsches claimed that hospital ...

Ethylene oxide (EtO) is a naturally occurring, colorless gas compound used primarily in the sterilization of medical and ...

The Michigan Court of Appeals in a case called Genna v Jackson recently ruled that plaintiffs alleging injury from exposure to mold did not have to present an expert witness to prove that they had ...

Energy & Environment, Vol. 11, No. 2, SPECIAL ISSUE: LOW LEVEL RADIATION, NUCLEAR POWER AND THE LAW (2000), pp. 207-216 (10 pages) Traditionally tort (personal injury) cases have been regarded as ...

On May 11, attorneys general from 21 states wrote to the Senate Judiciary Committee’s chair and ranking member, requesting federal liability protection to help mitigate the threat of frivolous ...

Expertise from Forbes Councils members, operated under license. Opinions expressed are those of the author. The mass tort industry is both fascinating and complex. It focuses on class actions that ...

My son and I are avid baseball fans (though we support different teams -- he the O's and I the Nats). Sometimes we turn on a game in progress on TV, while our favorite team is in the lead. It often ...

Somewhat unobtrusively, New York's highest court recently issued a decision in an asbestos case (see Dan M. Clark, “NY Court of Appeals Affirms Decision Tossing $11M Asbestos Verdict,” N.Y.L.J., Nov.