In  Nemeth v. Whittaker, Clark, & Daniels, Inc., the New York Court of Appeals overturned a $15 million asbestos verdict, finding plaintiff’s trial proof on causation was insufficient as a matter of law.  This decision took a more stringent approach to assessing the requirements of experts in establishing specific causation between alleged asbestos exposure and the cancer diagnosis.  The First Department recently followed suit in a series of cases, including the vacatur of what was initially a $325 million jury verdict.  No longer will conclusory assertions of experts linking asbestos to mesothelioma and lung cancer provide sufficient proof on specific causation for individual products and exposures.

Attorney Patty Rauh was published in the Winter 2022 edition of the American Bar Association's The Brief magazine. Her article, "To Remove or Not to Remove: A Look at the Federal Officer Removal Statute," examines the history of the Federal Officer Removal Statute and analyzes modern day applications.