New York Supreme Court, Appellate Division

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New York court finds expert testimony standards not met in asbestos causation case

February 28, 2017

The New York Supreme Court’s Appellate Division, First Department determined that sufficient scientific evidence is required to prove liability, a standard that the plaintiffs did not meet in this case.

U.S. Chamber urges New York court to clarify asbestos-related causation

April 04, 2016

The U.S. Chamber, joined by several other business organizations, asked the New York Supreme Court’s Appellate Division, First Department to clarify that expert testimony claiming a “single-fiber” of asbestos could cause asbestos-related diseases cannot satisfy the expert testimony standards established by the New York Court of Appeals.

The amicus brief argues that the causation theory employed by the experts in this case is incompatible with the traditional tort rule that to prove causation, a plaintiff must prove that a particular dose of a substance could have caused the plaintiff’s injury. Instead, the plaintiff would have courts assume causation if there is exposure to any asbestos. The brief demonstrated that courts around the country have rejected similar testimony.

The Coalition for Litigation Justice, Inc., Business Council of New York State, and National Association of Manufacturers filed this brief jointly with the U.S. Chamber.

Robert C. Malaby and Maryellen Connor of Malaby & Bradley LLC served as counsel for the amici.

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