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Expert Analysis

Maryland Court Applies Special Standard For Lead Exposure

By F. Ford Loker and Katherine Lawler (July 19, 2017, 2:18 PM EDT) -- On May 30, 2017, the majority of the Maryland Court of Appeals continued to apply its "reasonable probability" standard in proving "source exposure" and "source causation" in the narrow context of lead-based negligence cases. Terrence Rogers v. Home Equity USA Inc., No. 57, September Term 2016, Md. Ct. App. (Adkins, J.). The Rogers majority reversed the Court of Special Appeals decision at 228 Md. 620 (2016), and held that circumstantial evidence may be used to "rule in" a subject property — not just as a source (i.e. location) of exposure, but also on source causation, which is different from medical causation....

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