LCBF obtained a summary judgment dismissal on behalf of a railroad client in a case brought by a former employee in New York Supreme Court, NY County, alleging that the employee had developed blood cancer as a result of his work around diesel equipment during his railroad career.. LCBF argued that, under the Federal Employers’ Liability Act (FELA), Plaintiff failed to present admissible expert evidence establishing that (1) diesel exhaust causes Hodgkin’s lymphoma (general causation); and (2) that Plaintiff’s alleged exposures to diesel exhaust were sufficient to cause his Hodgkin’s lymphoma (specific causation). More specifically, LCBF argued that Plaintiff’s expert causation opinion was deficient because (1) Plaintiff’s expert did not demonstrate that it is generally accepted that exposure to diesel exhaust causes lymphoma; and (2) Plaintiff’s expert’s reliance on studies reflecting general acceptance of an association, as opposed to causation, was insufficient. The LCBF team was led by Vincent Mehnert and Tom Patania.
LCBF secures summary judgment in FELA blood cancer case
