N.Y. Court Requires Parties to Address Degree of Exposure in Toxic Tort Cases

Under an eagerly awaited ruling by New York’s highest court, plaintiffs and defendants in cases alleging injuries caused by chemical exposure will need to assess the amount of the chemical to which the plaintiff was exposed. Chadbourne & Parke’s Thomas Riley (pictured) and Robert Conrad remind plaintiffs to present scientific evidence showing that the amount of the exposure exceeds the amount shown to cause illness. Also, defendants should be prepared to contest plaintiffs’ attempts to quantify exposure.

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