N.Y. Court: Second Expert Report in Silica Suit Brings ‘Entirely New Opinion’ Regarding Causation

BUFFALO, N.Y. –– A New York federal court has ruled that a follow-up report submitted by a plaintiff expert in a silica exposure suit was untimely since the second filing does not supplement or correct previous theories, but instead put forth an entirely new opinion regarding the cause of the plaintiff’s injuries.

In the Sept. 11 opinion, however, the U.S. District Court for the Western District of New York determined that the plaintiff’s discovery failures did not “warrant an order of preclusion,” and justified the re-opening of discovery.

Plaintiff Robert Coene said in his complaint that his occupational exposure …