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Attorneys won affirmance of a grant of summary judgment in a putative medical monitoring class action arising out of alleged neighborhood exposure to beryllium dust and fumes from defendants' plant over the course of many decades

Attorneys won affirmance of a grant of summary judgment in a putative medical monitoring class action arising out of alleged neighborhood exposure to beryllium dust and fumes from defendants' plant over the course of many decades. Defendants argued that the putative class representatives could not prove that they met the requirement to make out a case for medical monitoring. The plaintiffs must prove, inter alia, that due to the alleged exposure, they are at a significantly increased risk of contracting a serious latent disease. Based on the factual evidence and expert opinions in the case, the Court agreed that plaintiffs were unable to establish that they are at a significantly increased risk of disease.

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