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Ruling on Specific Causation in Toxic Tort Cases

Law360

May 13, 2014

Author: Carl J. Pernicone

Lucinda Alfieri DeCaprio (Partner-White Plains) and Carl Pernicone (Partner-New York) collaborated on an article that appeared in Law360 on May 1, 2014, “Cornell Ruling Is Cause for Experts’ Concern.” Their discussion covers the “specific causation” requirement under the controlling Parker test, which expanded the Frye rule and established specific causation requirements of experts in toxic tort matters. In regard to the decision in Cornell v. 360 W.51st St. Realty LLC, where the scientific community cannot substantiate a causal connection, a jury should not be asked to do so.

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