Ninth Circuit affirms dismissal of toxic tort plaintiffs who failed to make prima facie case of exposure and causation.

Avila v. Willits Environmental Remediation Trust, 633 F.3d 828 (9th Cir. 2011), cert. denied (2011 U.S. LEXIS 5526, Oct. 3, 2011)

The Ninth Circuit dismissed portions of a mass toxic tort case by affirming the discretion of the district court to require plaintiffs to make a prima facie case showing both exposure to toxins and causation of the claimed damages.

Some of the plaintiffs had been dismissed because they failed to respond to a discovery questionnaire approved by the court. Others were dismissed for failing to show that those plaintiffs who did not live close to the Avila contaminated site, or only lived nearby for short periods of time, a prima facie case of exposure and causation with expert declarations in support.

 

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