Category: Expert Challenges

Expert Challenges / North Carolina
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Plaintiffs’ Experts Fail to Calculate Dose of Exposure; Specific Causation Opinions Precluded

U.S. District Court for the Western District of North Carolina, Asheville Division, December 6, 2021

Plaintiffs David L. Settlemyer and Jan Settlemyer filed the complaint for their asbestos-related action on December 12, 2019, alleging that Mr. Settlemyer contracted mesothelioma from his work as an automobile and truck mechanic for various employers from 1979 through the present.

The defendants filed motions topreclude the plaintiffs’ expert, Dr. Edwin Holstein, from testifying as to the specific causation of Mr. Settlemyer’s mesothelioma and also moved to exclude the testimony of …

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Expert Challenges / Illinois
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Plaintiff’s Expert Opinions on Causation, Historical Literature, and “Cumulative Exposure Theory” Precluded

U.S. District Court for the Northern District of Illinois, Eastern Division, November 23, 2021

The plaintiff alleged that her late husband, Bruce Johnson, was exposed to asbestos between 1971 and 1984 while working with ceramics for different companies and schools. Mr. Johnson was diagnosed with mesothelioma in 2017 and died in 2020. The plaintiff filed suit against Vanderbilt, inter alia, alleging that Vanderbilt was liable under a negligent products liability theory for manufacturing, distributing, or selling asbestos-containing products used in the production of ceramics. …

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Expert Challenges / North Carolina
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Court Compels Discovery from Non-Testifying Expert Finding Exceptional Circumstances Under Rule 26

U.S. District Court for the Middle District of North Carolina, September 27, 2021

Plaintiff Laura M. Walls filed a products liability action on behalf of the estate of her husband, Robie W. Walls (decedent). The plaintiff alleged that defendant Pneumo Abex LLC, among others, manufactured, sold, and/or distributed asbestos-containing products or raw asbestos materials for use in North Carolina and other states at times relevant to this action, and the decedent’s exposure to such products caused him to develop mesothelioma, resulting in his death on …

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Appeal / California / Expert Challenges
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Plaintiff Prevails on Defendant’s Expert Appeal; Court Affirms Seven-Figure Judgment

Court of Appeal of California, Second Appellate District, Division Eight, September 13, 2021

This matter was brought on behalf of decedent Donald Vanni in 2014, alleging two causes of action for negligence and strict product liability against defendant Honeywell International, Inc. among others. The plaintiff alleged that the decedent was exposed to asbestos from owning and operating a bowling alley from 1957 to 1986. Specifically, the decedent was responsible for drilling finger holes in plastic bowling bowls manufactured by Ebonite. The decedent was diagnosed with …

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Expert Challenges / New York / Summary Judgment
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Brake and Clutch Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, Nassau County, April 12, 2021

Plaintiff William Stodoloski worked as an auto mechanic from 1965 to 1969 and from 1971 to 1978.  The plaintiff testified that as a mechanic he performed all aspects of car repair including removing and replacing the defendant’s brakes and clutches. He filed an asbestos lawsuit on April 5, 2019 alleging his work as an auto mechanic caused him to suffer from lung cancer. The case was certified ready for trial on January 23, 2020 and …

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California / Expert Challenges
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Plaintiff Expert Opinion on “Every Exposure” Testimony Precluded under Daubert

U.S. District Court for the Northern District of California

Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that Defendants manufactured or supplied. Pending before the court are motions to strike or exclude the anticipated testimony of the plaintiffs’ causation expert Dr. Arnold Brody and motions to exclude evidence or testimony that “every exposure” to asbestos causes mesothelioma, as well as the plaintiffs’ motion to strike two defense experts.

The …

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California / Expert Challenges
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Plaintiff’s Naval Expert Excluded Based on Lack of Qualifications

U.S. District Court for the Northern District of California, March 31, 2021

In this asbestos action, Mr. Toy (the plaintiff) alleges that his work with or around Warren pumps and Armstrong steam traps while serving in the United States Navy exposed him to asbestos. In support of his allegations, the plaintiff served an expert report of Captain Francis Burger, who opined as to asbestos-containing products and materials on Navy ships and in Naval shipyards. Captain Burger based his opinions on his extensive experience gained throughout …

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California / Expert Challenges
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Court Finds Testimony of Plaintiffs’ Causation Expert Admissible

U.S. District Court for the Northern District of California, March 26, 2021

The plaintiffs filed this action alleging decedent developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment. Specifically, the plaintiffs allege the decedent worked with Bendix brand brakes during his service in the Army and as a machinist. The plaintiffs offered Dr. Carl Brodkin as a causation expert. Dr. Brodkin opined decedent’s work with and around Bendix brakes was a substantial contributing factor in decedent’s development of mesothelioma.

Defendant Honeywell …

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Expert Challenges / North Carolina / Summary Judgment
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Summary Judgment and Motion in Limine Awarded to Pipe Insulation Company Due to Speculation

U.S. District Court for the Middle District of North Carolina, March 23, 2021

Plaintiff Kenneth McDaniel was employed by Duke Power as an operator at its Belews Creek power plant in North Carolina from 1974 to 2005. Deborah McDaniel was married to Mr. McDaniel. Mrs. McDaniel was diagnosed with lung cancer, which the plaintiffs argue was a result of exposure to asbestos through her husband’s contaminated work clothing.

Mr. McDaniel recalled that Duke Power’s employees typically removed the insulation, while Covil employees typically installed new …

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California / Expert Challenges
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Plaintiffs’ Expert Report Stricken as Improper Rebuttal

U.S. District Court for the Northern District of California, March 19, 2021

Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that the defendants manufactured or supplied. The defendants removed this action to federal court, which set forth a case schedule, including deadlines for the close of discovery and expert reports and depositions. The parties failed to comply with the court’s scheduling order, and several defendants filed a motion to …

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