Court Refuses to Extend Texas Asbestos Ruling to Ephedra Case

NEW YORK - A federal judge has ruled that a recent ruling in a Texas asbestos case that requires plaintiffs to quantify exposure in order to prove causation should not apply in pharmaceutical cases where the injury is acute and immediate. Wilburn v. N.V.E., et al., No. 06-13046; Stafford v. Weight Warriors Inc., et al., No. 05-3021 (S.D. N.Y.)

Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York offered the opinion in an Oct. 5 decision rejecting efforts by two ephedra defendants to renew a motion for summary judgment and a motion to …