Complex Litigation columnist Michael Hoenig writes: Somewhat unobtrusively, New York's highest court recently issued a decision in an asbestos case that has significant impact beyond asbestos ...
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 ...
As toxic tort claims gather momentum, independent chemical expertise will be essential to ensuring legal arguments reflect ...
On February 26, 2021, the Massachusetts Supreme Judicial Court (SJC) clarified the standard to be used for factual causation in multiple defendant tort actions. The SJC’s opinion in Doull v. Foster, ...
Forbes contributors publish independent expert analyses and insights. Emeritus Law Prof. I write about Legal Ethics & legal controversies Apr 14, 2020, 01:48pm EDT Apr 20, 2020, 11:08am EDT This ...
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 ...
Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and ...
Will Kenton is an expert on the economy and investing laws and regulations. He previously held senior editorial roles at Investopedia and Kapitall Wire and holds a MA in Economics from The New School ...
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.