Toxic Tort Defendants Expand Their Arsenal

Law360, New York (December 13, 2013, 12:28 PM EST) -- In a precedential ruling on the admissibility of expert testimony that is particularly significant to defendants in toxic tort matters, a three-judge panel of the Superior Court of Pennsylvania in Snizavich v. Rohm and Haas Co., No. 1383 EDA 2012, (Pa. Super. Ct. Dec. 6, 2013), ruled on Dec. 6, 2013, that an expert's opinion regarding the cause of a plaintiff's injury is inadmissible under Pennsylvania Rule of Evidence 702 and the Frye standard if it is not based on documented scientific authority, such as facts, empirical studies or the expert's research, that the expert has applied to the facts of the case and that supports the expert's opinion....

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