Category Archives: Toxic Tort

“Symptom Threshold Methodology” Rejected by Court of Appeals of New York Pursuant to Frye

In an opinion decided February 11, 2016, the Court of Appeals of New York precluded two causation experts put forth by a plaintiff in a toxic tort case. The case involved allegations that a minor was born with severe mental and physical disabilities caused by in utero exposure to unleaded gasoline vapor. The vapor was allegedly emitted into the car from a defective fuel hose. The automobile manufacturer subsequently recalled the vehicle at issue due to defects in the feed fuel hoses. In support of…

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New Alternative Causation for Pharma Defendants in Surgeon General’s Smoking Report?

Last month, the Office of the Surgeon General of the U.S. Department of Health and Human Services released a new report on the health consequences of smoking on the 50th anniversary of the first Surgeon General’s report on smoking and health. The 2014 report – entitled “The Health Consequences of Smoking—50 Years of Progress” – adds colorectal and liver cancer to the list of cancers causally linked to smoking.  The report also adds several non-cancers to the list of chronic diseases causally linked to smoking,…

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New Jersey Replaces “Mass Torts” with “Multicounty Litigation”

In a move that will likely please defendants facing consolidated litigation in New Jersey, the New Jersey Supreme Court has approved changes to Rule 4:38A — the New Jersey Court Rule that authorizes the centralized management of similar cases — that will term such cases “multicounty litigation” instead of a “mass tort.”  (A complete copy of all forthcoming changes to the New Jersey Court Rules, including Rule 4:38A, is here.)  This change in nomenclature, which is effective as of September 4, 2012, does not…

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