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New York Civil Litigation Review

Tag Archives: Causation

Post-Verdict Defense Judgment Dismisses $11 Million Dollar Verdict In Asbestos Litigation!

Posted in Asbestos

Congratulations to trial counsel, Robert S. Deutsch and Nancy L. Pennie, and post-trial motion authors, Nancy L. Pennie, Elliott J. Zucker, and Oded Burger, on a post-verdict dismissal of all personal injury claims against their client. The defense successfully established that plaintiffs’ experts impermissibly based their causation opinions on invalid assumptions and therefore lacked proper foundation. As… Continue Reading

First Department Finds That Quantification of Environmental Contaminants Necessary for Plaintiff To Survive Summary Judgment:

Posted in Toxic Torts

In Cleghorne, et. al. v. The City of New York, et. al., 2012 NY Slip Op. 06648 (1st Dept., October 4, 2012), the Appellate Division, First Department, dismissed Plaintiffs’ claims, granting summary judgment to the Board of Education of the City of New York (Board of Ed.), because Plaintiffs’ expert failed to quantify Plaintiffs’ exposure… Continue Reading