Alas, Courts Still Resist Substantial Factor Causation

Law360, New York (August 15, 2013, 12:51 PM EDT) -- Sound science and, more importantly, sound reasoning about science have slowly been making their way into appellate decisions for two decades now, but last year's Ford v. Dixon was something special. We called it the best causation opinion of 2012 and without saying so, thought it as a Palsgraf v. Long Island Railroad Co. for this age of big data. Acknowledging the data available for estimating a given asbestos exposure and the risk attendant to that exposure, the opinion simply asked of plaintiffs that they demonstrate...
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