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Causation, proof of

Cerny v. Marathon Oil Corp.

A Texas appellate court upheld a lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home....

Lancaster v. Northern States Power Co.

A district court dismissed property owners' CERCLA, tort, and state-law claims against a power company for alleged PCB contamination. A former employee of the company lived at the property before it was sold to the current owners. While...

June v. Union Carbide Corp.

The Tenth Circuit affirmed a lower court decision dismissing claims for alleged radiation injuries to residents of Uravan, Colorado, a former uranium and vanadium milling town owned and operated by two mining companies. The residents...

Anthony v. Chevron, USA, Inc.

The court affirms a district court holding that individuals failed to provide sufficient evidence of causation and damages to reach the jury on either water or soil pollution claims brought against an oil company. The individuals own...

Kennedy v. Southern Cal. Edison Co.

The court reverses and remands a district court decision dismissing a wrongful death action brought by the deceased's family and holds that a special jury instruction should have been given allowing for the possibility that exposure to...

Heller v. Shaw Indus., Inc.

The court holds that a district court properly excluded homeowners' expert testimony in a case alleging that volatile organic compounds (VOCs) emitted by a manufacturer's carpeting caused homeowners' respiratory illnesses. The court...

In re Chevron U.S.A., Inc.

The court rejects a district court trial plan that provided for a unitary trial on general liability and causation in a mass tort case against an oil company that owned a crude oil storage waste pit on which plaintiff-appellees' homes...

Daubert v. Merrell Dow Pharmaceuticals, Inc.

On remand from the U.S. Supreme Court, the court holds inadmissible under Fed. R. Evid. 702 expert testimony offered to prove that plaintiffs' mothers' ingestion of the drug Bendectin during pregnancy caused the plaintiffs to be born...

O'Conner v. Commonwealth Edison Co.

The court holds that a nuclear facility employee's state suit for damages based on personal injury allegedly caused by exposure to unsafe dosages of radiation was constitutionally removed to federal court under the Price-Anderson...

Renaud v. Martin Marietta Corp.

The court holds that local residents who developed severe health problems failed to present sufficient evidence that their exposure to surface water and groundwater that a missile manufacturer allegedly contaminated and that a municipal...