Louisiana Court Excludes Testimony from Plaintiff Industrial Hygienist; Says Exposure Assessment Likely ‘Artificially High’

NEW ORLEANS –– A Louisiana federal court has granted a defense motion to exclude the testimony of a certified industrial hygienist in a benzene case, opining that the expert had “made his calculations in a vacuum without any attempt to validate his results against reality.”

In the May 14 order granting the motion to exclude the report and testimony of Richard Miller, CIH, the U.S. District Court for the Eastern District of Louisiana found that the expert’s opinions “are not based on adequate data and instead demonstrate an effort to produce particular results and support a causation opinion without a …