"'A Lot' Is Not Enough For NYCAL Frequency of Exposure," American Bar Association Summer 2019 Newsletter
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"'A Lot' Is Not Enough For NYCAL Frequency of Exposure," American Bar Association Summer 2019 Newsletter

July 23, 2019

Associate Nicholas Fox of the Toxic Tort practice group discusses the recent change made in the First Department of the New York Supreme Court that calls for a higher burden of proof for plaintiffs in asbestos cases.

In “‘A Lot’ Is Not Enough For NYCAL Frequency of Exposure,” Nick examines numerous asbestos-related cases including the Joanne Corazza as Executrix of the Estate of George Cooney v. Amchem Products Inc. case. In March 2019, this case established that plaintiffs are no longer able to rely on general statements like “a lot of times” when working with defendant’s products and will need to provide additional context for the frequency of their allegations.

“The court held that the decedent’s testimony to performing brake, clutch, and gasket replacement work on the defendant’s forklifts “a lot” of times was insufficient without any further context. Accordingly, the court held the plaintiff’s experts lacked a sufficient evidentiary foundation for their medical opinions that the decedent’s work with the defendant’s forklifts were a substantial contributing factor of his lung cancer. By making such a ruling, the First Department has established a higher burden of proof for plaintiffs in asbestos cases.”

Read the full article here:

 

More about Goldberg Segalla’s Nicholas Fox:

Nicholas focuses his practice on counseling and defending clients in all stages of complex toxic tort, environmental, and asbestos litigation. His background includes handling claims related to personal injury, workers’ compensation, and medical malpractice, as well as litigating business, commercial, and construction matters.