Commentary: The Dust Settles on Causation - Tippin Decision is a Big Win for Talc Defendants
April 10, 2025
By Elizabeth Sorenson Brotten and Michael E. Tuttle of Foley Mansfield
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In a ruling that could shift the talc litigation landscape, New York’s First Department, Appellate Division in Tippin v. Johnson & Johnson has set a clear causation standard within motion-practice for talc-related mesothelioma claims. See Tippin v. Johnson & Johnson, 2024 NY Slip. Op. 06679 (1st Dep’t, Dec. 31, 2024). The court held, inter alia, that a plaintiff must now proffer specific-causation evidence when a talc-defendant establishes a prima facie defense based on the absence of epidemiological support that exposure to …
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