Court Grants Quad Graphics’ Motion to Bar Treating Physician’s Note on Causation from Upcoming Toluene Trial

CAMDEN, N.J. – A federal magistrate judge preparing for a January trial in a toluene exposure case has barred the plaintiff from using a 2009 note from his physician linking toluene to renal failure, saying its late production would prejudice the defendant and likely delay trial.

In a Dec. 13 opinion on the admissibility of that and other evidence, Magistrate Judge Joel Schneider of the U.S. District Court for the District of New Jersey acknowledged that the note proffered by Steele related to “the key causation question,” but said it could lead to further depositions and, given the age of …