The Admissibility of Differential Diagnosis Testimony to Prove Causation in Toxic Tort Cases: The Interplay of Adjective and Substantive Law
Sanders, Joseph & Machal-Fulks, Julie
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- 2004Easum v. Miller Wyo.
- 2004Carlson v. Okerstrom Neb.
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Abstract
This article uses the differential diagnosis opinions to explore a pair of interrelationships. The basic causal framework employed by most courts in toxic tort cases is presented. A key to understanding the developing case law in this area is to appreciate the degree to which the courts have adopted the interpretive conventions of science in assessing admissibility.