Toxic-tort causation: Fifth Circuit affirms exclusion of experts
On October 27, 2026, a divided Fifth Circuit affirmed summary judgment for BP in DuFour v. BP Exploration & Production, Inc., a case brought by a Deepwater Horizon cleanup worker who alleged that exposure to crude oil and chemical dispersants chronically worsened his preexisting asthma. The court concluded that DuFour’s alleged injury fell within the…