Earlier this week, chair of the firm’s Toxic Tort Practice Group Joseph Cagnoli Jr. along with partners Thomas P. Bernier and Susan Van Gelder and associate Oded Burger published the article, “Defense Strategies for Alternative Causation Arguments in Asbestos Cases,” in Mealey’s. The article explores recent scientific studies and their role in preparing and presenting an alternative causation defense in asbestos cases. The authors discuss practical considerations for how to use advances in the field of genomics in a genetics-based defense, as well as how the findings relate to the legal issues such as the eggshell plaintiff doctrine, foreseeability, and the duty to warn. They also cover key challenges, such as issues related to latency, dose response, and potential synergy with asbestos exposure, and offer crucial information regarding geological resources and analytical methods for evaluating potential exposure to sources.
Read the article:
- “Defense Strategies for Alternative Causation Arguments in Asbestos Cases,” Mealey’s Litigation Report: Asbestos, August 29, 2018