Somewhat unobtrusively, New York’s highest court recently issued a decision in an asbestos case (see Dan M. Clark, “NY Court of Appeals Affirms Decision Tossing $11M Asbestos Verdict,” N.Y.L.J., Nov. 27) that has significant impact beyond asbestos litigation. Since the latter battleground is a kind of specialty in which most litigators are uninvolved, it may be too easy for readers to ignore the development or even shun a closer look at what the Court of Appeals did. But the brief decision in Matter of New York City Asbestos Litigation; Juni v. A.O. Smith Water Products Co., No. 123 (N.Y. Ct. App., Nov. 27, 2018), deserves a closer look.

It tells us about the “causation” testimony experts need to provide in toxic tort cases to meet the state’s reliability standards. It gives some insight into the views of the court’s newer judges on these important issues. It is a springboard to review and remember major case precedents issued by the court in prior years—case law that cannot be ignored in toxic tort litigation. And, of course, there is the impact upon asbestos lawsuits.

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