Category: Expert Challenges

Expert Challenges / Louisiana
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Three Experts’ Opinions Deemed Reliable and Relevant Under Daubert Standard

LOUISIANA — The defendants Ford and Cummins filed motions in limine to exclude or limit the expert testimony of the plaintiffs’ experts Dr. Brent Staggs, Dr. Murray Finkelstein, and Christopher Depasquale. The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma.

Under Daubert, the district court “is to act as a gatekeeper to ensure that ‘any and all scientific testimony or …

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Expert Challenges / Louisiana
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Plaintiff’s Experts Precluded for Untimely Disclosure

LOUISIANA — The plaintiff Victor Michel (plaintiff) initially filed suit in state court on July 28, 2017, alleging asbestos exposure as a result of his work as a mechanic and generator service technician from 1965-2005. The defendants removed the case to federal court on May 8, 2018. After the case was removed to federal court, a status conference was held at which the court asked the parties to notify it of any remaining discovery. There was no discussion as to any further expert discovery. The …

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Expert Challenges
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Plaintiff’s Experts Satisfy Daubert, Allowed to Testify in Brake Dust Exposure Case

ARKANSAS — Ronald Thomas worked as a brake mechanic and manager at auto repair shops for approximately twelve years. In March of 2017, he was diagnosed with mesothelioma and subsequently passed away later that year. His estate brought product liability claims against multiple defendants for negligence and strict liability, alleging that exposure to asbestos in brake pads caused Thomas’s mesothelioma.

The plaintiff brought forth two experts, Dr. Arnold Brody and Dr. Edwin Holstein, to support his theory.  Dr. Brody is a professor emeritus of pathology …

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Case Decisions / Expert Challenges / New York / Single Fiber, Cumulative Exposure
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New York’s Highest Court Upholds Defense Judgment as a Matter of Law Based on Lack of Sufficient Scientific Evidence

NEW YORK — New York’s highest Court issued its first decision addressing causation standards in an asbestos case, and upheld the trial and intermediate appellate court decisions granting Ford Motor Company judgment as a matter of law in Juni v. A.O. Smith Water Products Co. et al.. ACT has previously reported on the Juni matter here and here.

The majority found that “[v]iewing the evidence in the light most favorable to plaintiffs, the evidence was insufficient as a matter of law to establish …

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Expert Challenges / Kansas
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Defendant’s Motions in Limine to Exclude Common Plaintiff’s Experts Denied and Granted in Part in Railroad Case

KANSAS — Asbestos Case Tracker brings you the following development in the previously reported Robert Rabe case. Click to read the factual background.

The defendant, The Budd Company (Budd) moved in limine to exclude the plaintiff’s experts, Drs. Brody, Castleman and Frank. The court began its analysis with the standard for expert challenges: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: a) the expert’s scientific, technical …

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Expert Challenges / Florida
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Supreme Court Rules Frye Standard Applies to Florida Cases, Overturns District Court’s Decision Excluding Plaintiff’s Experts’ Causation Testimony

FLORIDA — The plaintiff Richard DeLisle filed a personal injury action against sixteen defendants, claiming that each caused him to be exposed to asbestos. Of the sixteen, DeLisle proceeded to trial against three: Crane, Lorillard Tobacco Co., and Hollingsworth and Vose (H&V). At trial, the plaintiff presented evidence that he was exposed to “Cranite” sheet gaskets containing chrysotile asbestos fibers and Kent cigarettes; the cigarettes were produced by Lorillard’s predecessor, and the filters were supplied by a former subsidiary of H&V. The filters contained crocidolite …

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Expert Challenges / New York / Single Fiber, Cumulative Exposure / Verdict Reduction
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NYCAL Judge Rejects Causation Challenge; Reduces $75 Million Verdict to $17,250,000

NEW YORK — Late Thursday night, NYCAL Justice Joan Madden issued a long awaited post-trial motion decision in Robaey v. Air and Liquid Systems, et al, NYCAL Index No. 190276/13, previously reported by ACT here. In January of 2017, a New York City jury returned a record setting $75 Million verdict, comprising $50 Million for plaintiff, Ms. Marlena F. Robaey ($40 Million in Past Pain and Suffering and $10 Million in Future Pain and Suffering), and $25 Million for derivative plaintiff, Mr. Edward …

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Expert Challenges / Take-Home Exposure / Washington
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Plaintiff’s Request for Reconsideration of Granting of Summary Judgment Denied in Railroad Take-Home Exposure Case

WASHINGTON — In an update to a case previously reported by Asbestos Case Tracker, The plaintiff’s Motion for Reconsideration of the Court’s Order granting summary judgment for Union Pacific Railroad has been denied.

By way of background, the plaintiffs alleged that Mr. Jack was secondarily exposed to asbestos from the work clothes of his father who worked at Union Pacific Railroad. The plaintiffs argued that the court failed to properly review 1) information provided by the plaintiffs’ expert Dr. Barry Castleman; and 2) the court …

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Expert Challenges / New York / Single Fiber, Cumulative Exposure
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New York’s Highest Court Set to Hear First Asbestos Causation Challenge

NEW YORK — The New York Court of Appeals has set oral argument for October 16th, 2018 in Matter of NYC Asbestos Litig. (Juni v A.O. Smith). Since 2006, the Court of Appeals has weighed in three times[i] on the applicable causation standards in toxic tort cases, but Juni is the first asbestos related appeal to reach the high court. In this article, we provide a primer on the case and share a few thoughts about what to look for when …

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Expert Challenges / Motions in Limine / Virginia
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Court Precludes Some But Not All Testimony of Naval Expert

VIRGINIA — Following up with a prior ACT post on the Harry Goodrich matter pending in the United States District Court, E.D., Virginia, the Court has issued an omnibus opinion concerning motions in limine.

Among other issues decided, the court addressed the plaintiffs’ motion to limit the testimony of defendants’ naval expert, Margaret McCloskey (McCloskey). Pursuant to Rule 702, the plaintiffs sought to limit the testimony of McCloskey in four (4) respects: (i) as unqualified to opine about plaintiffs actual exposure to asbestos-containing thermal insulation …

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