On September 21, 2026, Massy & Gail partner Jonathan Massey won an important across-the-board victory in the Hawaiʻi Supreme Court on behalf of Central American banana farm workers poisoned by a pesticide that was banned in the U.S. but which continued to be exported abroad. Patrickson v. Dow Chemical Company, No. SCWC-22-0000687. In a significant development for toxic tort law, the court adopted a causation framework based on the Restatement (Third) of Torts, rejected a rigid dosage-proof requirement, and held that the plaintiffs’ circumstantial evidence of exposure and expert testimony were sufficient to proceed to trial, as reported by Legal Newsline via Hawaii Free Press.
“We are pleased with the court’s ruling, which will help these long-suffering victims secure the justice they deserve,” said Jonathan Massey.
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