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Seventh Circuit Rejects the "Cumulative Exposure" Opinion as an Inadmissible Repackaging of the Unsound "Each and Every Exposure" Opinion

Winter 2018 - American Bar Association, Section of Litigation, Mass Torts Litigation Committee
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by Knight Anderson

On August 31, 2017, in Krik v. Exxon Mobil Corp., No. 15-3112 (7th Cir. Aug. 2017), the U.S. Court of Appeals for the Seventh Circuit rejected a "cumulative exposure" opinion in an asbestos case as an inadmissible repackaging of the unsound, unscientific, and inadmissible "each and every exposure" opinion, affirming the decision of a federal district court in the Northern District of Illinois. The appellate court held that an expert’s "cumulative exposure" opinion was no different than an "each and every exposure" opinion and was similarly inadmissible.

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