The 2013 ESI Case Law Update recaps those ESI cases that will likely have the greatest impact on you, your business and how you prepare for and defend civil litigation.
Recent Decisions Bolster Emerging National Trend, Signaling Trouble for the Each-and-Every-Exposure Theory in Asbestos Litigation
Asbestos Defense Reshaped by Two Recent Cases
February 21, 2013
In a series of recent opinions, courts in various jurisdictions have shown an increasing skepticism toward the plaintiffs’ each-and-every-exposure theory and have excluded expert testimony based upon it. Defense challenges to the admissibility of the expert testimony and the legal sufficiency of the testimony to establish causation are being granted more frequently.
New York State Bar Association: Products Liability in New York - Second Edition
February 2, 2013
High Profile Toxic Tort Cases
February 2011Wilson Elser continues to monitor developments and trends in high-profile toxic tort cases. Most notably, these include the massive litigation that continues beyond the nine-year anniversary of the World Trade Center attacks and landmark filings that signal likely improvements for defendants in cases of asbestos personal injury trusts. Read about these and other cases in the Toxic Tort Newsletter.
“Evidentiary Issues Unique to New York Products Liability Litigation in Federal Courts,” New York State Bar Association, Products Liability Handbook, Supp. 2001
Choosing Daubert-Friendly Experts in the Context of Hazardous Substance Litigation,” The Testify Expert, Vol. 8, Issue #2 (Feb. 2000)