Plaintiffs’ Daubert Challenge Denied as Expert Disclaims Causation Expertise

Plaintiffs filed their Daubert challenge seeking exclusion of Georgia Pacific’s Certified Industrial Hygienist, Donald Marano. Plaintiff argued that Mr. Marano would offer qualitative and quantitative exposures of Plaintiff along with the risk and causation of Mr. Arbogast’s mesothelioma. Georgia Pacific countered with the position that Mr. Marano has “repeatedly disclaimed any expertise on causation and has confined his opinion to explaining the risk assessments performed by various agencies and organizations and offering his risk assessment opinion based on the analysis that his profession is trained to provide.”

After argument, the Court agreed with Georgia Pacific and denied the motion finding that Mr. Marano’s opinion met all the criteria of Federal Rule 702.

Read the full decision here.