New York Supreme Court, Appellate Division

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October 16, 2008

The New York Supreme Court denied NCLC leave to file an amicus brief in this case.

NCLC files amicus brief in asbestos litigation addressing “any exposure” causation

October 01, 2008

NCLC urged the New York Supreme Court to require an expert witness to assess the plaintiff’s dose to asbestos and to compare that dose with other dosages known to cause a particular asbestos-related disease. NCLC argued that the plaintiff’s theory that “any exposure” to asbestos is sufficient to prove causation is inconsistent with the court’s decision in Parker v. Mobil Oil Corp., which held that an expert witness may not merely guess at exposure to a toxin or simply assert that all exposure leads to a particular disease. New York should join the fourteen other courts that have recently rejected the “any exposure” theory.

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