Alternative Burdens May Come With Alternative Causes

Law360, New York (October 17, 2012) -A fundamental issue in many toxic tort cases is whether a plaintiff’s personal injuries were caused by something other than the defendant’s alleged misconduct. Defendants often raise this question in several ways — did the plaintiff’s causation expert properly consider potential alternative causes in reaching the offered opinion? Did the plaintiff meet his or her burden to prove causation when there are potential alternative causes? And is there a basis for apportioning fault among additional parties who are responsible for those alternative causes?