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Defendant’s Motion for Summary Judgment Granted Based on Expert Preclusion

Jurisdiction: United States District Court for the Southern District of New York

Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed lung cancer as a result. Exxon eventually moved for summary judgment and sought to preclude the opinions and testimony of plaintiff’s three expert witnesses, including Richard L. Kradin, M.D. Plaintiff also moved to preclude the opinions and testimony of certain Exxon experts.

The court first addressed Exxon’s motion to preclude Dr. …

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Plaintiff’s Causation Expert Must Identify Subjects of Talc Causation Studies

Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department

The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies.

Johnson & Johnson (J&J ) sought out-of-state subpoenas in the Supreme Court of New York, New York County (NYCAL), in connection with ongoing litigation in New Jersey. The subpoenas specifically requested that …

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Exclusion of Dr. Staggs’ Specific Causation Opinion Entitles Automotive Defendant to Summary Judgment

Court: United States District Court for the District of Utah

This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station, including the performance of brake services. Plaintiff alleges defendants’ automotive-friction products exposed decedent to asbestos and caused his mesothelioma. Before the court are three motions to exclude expert testimony and one motion for summary judgment.

Plaintiff designated industrial hygienist William M. Ewing as an expert in this matter. In his expert report, …

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