Using Missing Facts As A Defense In NYC Asbestos Suits

Law360 (January 6, 2020, 6:02 PM EST) -- In a personal injury lawsuit, it is reasonable to expect that a plaintiff’s theory of liability against a defendant be supported by facts. If a plaintiff is unable to present any facts to support his theory, investigating the claim becomes impossible. This is because without underlying material facts, the plaintiff’s theory does not have any substance.

In recent cases such as Cosgriff [1], the New York City Asbestos Litigation court has adopted the legal standard that if a defendant can show that the evidentiary record cannot support an inference of exposure to asbestos, it will be entitled to summary judgment. The...

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