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"Every Exposure" Opinions Fail, As Courts Rule That Dose Matters

November 30, 2016 - Mass Torts Litigation, American Bar Association
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by Knight Anderson, published in ABA Mass Torts Litigation

On September 30, 2016, following what has become a national trend, a judge in the United States District Court for the Western District of Wisconsin issued an opinion with a Daubert ruling finding that dose matters. Suoja v. Owens-Illinois, Inc., No. 99-CV-475-SLC, 2016 U.S. Dist. LEXIS 135421 (W.D. Wis. Sept. 30, 2016). Though some courts have held to the contrary, a majority of courts addressing this issue have found that the “every exposure” opinion is insufficient.

Read the article here.


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