Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report
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Rost v. Ford
(Penn., filed in January of 2015): Arguing that a plaintiff in an asbestos action cannot satisfy the burden of establishing substantial-factor causation by an expert’s ‘cumulative exposure’ theory that the expert concedes is simply an ‘any exposure’ theory by a different name. Also arguing that the Philadelphia Court of Common Pleas’ mandatory practice of consolidating unrelated asbestos cases—even where the defendants suffer severe prejudice as a result—is inconsistent with the Pennsylvania Rules of Civil Procedure and due process.
Court ruled against ATRA’s position on November 22, 2016.
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