Category Archives: Expert Challenges

Court Grants Non-Party Expert’s Motion to Quash Subpoena Even Though Items Sought Deemed Relevant U.S. District Court for the Eastern District of Pennsylvania, August 12, 2015

In this federal court motion, Dr. Arthur Frank moved to quash the subpoena served on him by Honeywell International Inc. as a defendant in a pending Eastern District of North Carolina asbestos case, Yates v. Ford Motor Co., et al.  Honeywell subpoenaed Dr. Frank, a prolific plaintiff’s expert in asbestos cases and a non-party to the North Carolina action, concerning his successful lobby of the National Cancer Institute (NCI) to change language on its website and in its “Fact Sheets” regarding cancer risks to…

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Plaintiff’s Expert Found Qualified to Testify, But Not Allowed to Give “Every Exposure” Causation Testimony U.S. District Court for the Eastern District of Louisiana, August 4, 2015

In this federal case, the decedent, Sally Gros Vedros alleges exposure to asbestos from laundering her father’s work clothes during the time he worked as a welder at the Avondale shipyard, from 1943-1976, and while she worked in the Avondale purchasing department, from 1960-1963. The defendants moved to exclude the plaintiff’s expert’s causation opinions at trial, arguing the expert, radiation oncologist Dr. Stephen Kraus, was not qualified to testify as an expert and that his causation opinions were not reliable because they relied on the…

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Plaintiffs’ Replacement Expert’s Testimony Limited in Scope to That of Originally Disclosed Expert U.S. District Court for the Eastern District of Louisiana, July 29, 2015

In this case, the plaintiffs timely disclosed the expert report of Dr. Samuel Hammar in accordance with the case scheduling order. Subsequently, Dr. Hammar was unable to provide trial testimony due to health issues and the plaintiffs sought to replace Dr. Hammar’s report with reports from either Dr. Kraus or Dr. Kradin. The defendants did not generally oppose the request to replace Dr. Hammar, but did oppose the replacement of one expert with two and argued that the new expert’s testimony should not go outside…

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Brake Manufacturer Obtains Dismissal of Claims of Willful and Wanton Conduct U.S. District Court for the Eastern District of North Carolina, Western Division, July 27, 2015

In this federal court case, the plaintiffs alleged exposure to asbestos from a variety of automotive parts while working as mechanics’ helper, maintenance laborer, inspector, construction worker, and salesman, in addition to automotive maintenance work performed on his own personal vehicles and those of his family. The defendant, brake manufacturer Genuine Parts, moved for summary judgment to dismiss the plaintiffs’ claims that it committed false representation and fraud regarding the dangers of asbestos exposure. The plaintiffs opposed, offering among other things historical documents, an expert…

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Crane Co. Granted Summary Judgment in Two California Federal Court Cases U.S. District Court for the Southern District of California, July 23, 2015 and U.S. District Court for the Central District of California, July 21, 2015

In two separate decisions, Crane Co. was granted summary judgment on different grounds in two federal court cases. In the first, a Southern District case, Crane moved on the grounds that the plaintiffs could not show that the decedent, Michael Walashek, was exposed to asbestos from any of its products. In support of its motion, Crane relied on the plaintiffs’ interrogatory responses where they failed to identify any specific documents supporting the claimed exposure against Crane. In granting the motion, the court held that Crane…

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Plaintiff’s Expert Industrial Hygienist Found to Be Qualified to Offer Testimony on Non-Specific Levels of Asbestos Exposure U.S. District Court for the Eastern District of Louisiana, June 25, 2015

In this federal court case, the decedent, Sally Gros Vedros, is alleged to have been exposed to asbestos from laundering her father’s work clothes during the time he worked as a welder at the Avondale shipyard from 1943 to 1976 and from her own work at Avondale in the purchasing department from 1960 to 1963. The defendant, Bayer CropScience, Inc., which was the successor to several companies that formerly were known as Amchem Company, moved to preclude plaintiff’s industrial hygienist, Frank Parker, III, from testifying,…

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Mixed Ruling on Brake Manufacturers’ Motions to Preclude Case Reports U.S. District Court for the Eastern District of North Carolina, May 30, 2015

In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working in various employment positions and from working on his own vehicles. The defendants, Ford Motor Company and Honeywell International, Inc. moved in limine on several different grounds to preclude case reports. The court ruled as follows: The defendants challenged the case reports on the grounds of relevancy and reliability. In a lengthy analysis, the court denied the motion. Regarding relevance, the court looked at…

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Mixed Ruling on Brake Defendant’s Motion in Limine on Expert Testimony Regarding Corporate Conduct U.S. District Court for the Eastern District of North Carolina, May 29, 2015

In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working as a gas station attendant from 1956-1957, as a parts salesman and delivery driver for a Ford dealership in the 1960s, as a clerk in an automobile parts warehouse from 1961-1962, and from working on his own vehicles in the 1950s and 1960s. The defendant, Ford, brought a motion in limine to exclude expert testimony regarding corporate conduct. The court provided a lengthy analysis…

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In Wisconsin: Single Fiber Theory on Causation Held Scientifically Unreliable; Longo Precluded; Castleman Opinion Partially Precluded U.S. District Court for the Western District of Wisconsin, May 14, 2015

In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The plaintiffs did not substantively oppose these motions and the court granted them without opposition. With respect to the plaintiffs’ “state of the art expert,”  Barry Castleman, Owens Illinois…

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NYCAL Issues Bombshell Decision, Ruling Exposure to Friction Products Is Incapable of Causing Mesothelioma and Rejecting the Cumulative Exposure Theory NYCAL, April 13, 2015

In a decision that could change the landscape of NYCAL asbestos litigation in New York, Justice Barbara Jaffe issued a post-trial decision following an $11 million verdict against Ford, essentially precluding Drs. Steven Markowitz and Jacqueline Moline on Frye grounds because there is no established scientific connection between exposure to friction products and mesothelioma. Additionally, Justice Jaffe ruled that the plaintiff’s theory of cumulative exposure without quantifiable exposure is insufficient to establish legally sufficient asbestos exposure. Justice Jaffe determined that the testimony of the plaintiff’s…

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