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A win for mesothelioma cases in California

The California Court of Appeals, Second Appellate District, Division 4 (Los Angeles) affirmed a trial court judgment in Davis v. Honeywell. The published opinion resolves two issues that many of lawyers face daily in the trial courts.

First, the court concluded that the “every exposure” theory (as defendants like to call it) “is the subject of legitimate scientific debate. Because in ruling on the admissibility of expert testimony the trial court ‘does not resolve scientific controversies,’ it is for the jury to resolve the conflict between the every exposure theory and any competing expert opinions. ” Second, the court affirmed the trial court’s refusal to give a special instruction to the jury setting forth the Rutherford factors (duration, proximity, frequency and intensity) finding these factors were for experts to consider, not jurors. A copy of the opinion is attached. Congratulations to my friend Erik Karst and his team for the great work they did in achieving this victory.

Davis Sam v Honeywell International Court of Appeals Decision

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