Requiring Causation Proof In Foreign Recognition Actions

Law360, New York (July 7, 2011, 1:53 PM EDT) -- With the increasing attention on foreign judgments in toxic tort actions and similar cases, it is worth briefly considering the impact of what has proven to be their chief moderator in the United States: the requirement that causation be proven by credible, reliable scientific evidence.

“[A]s is universally the case, a [toxic] tort plaintiff must demonstrate the defendant's actions caused the plaintiff's injury,” meaning the plaintiff must prove “to a reasonable degree of medical probability” that “exposure to a substance was a but-for cause of the injury[.]”[1]

The injuries alleged can be eclectic. In one notable California case, a subdivision of...

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