STORY FROM: Benzene & Emerging Toxic Torts Litigation

Wis. Federal Judge Rejects Expert's 'No Threshold' Causation Theory

MILWAUKEE - A Wisconsin federal judge has granted summary judgment to the remaining defendants in a benzene exposure case, noting that the plaintiff's expert's "no threshold" causation theory has been soundly rejected in courts around the country. Schultz v. The Glidden Co., et al., No. 08-919 (E.D. Wis.).

On March 21, Judge Rudolph T. Randa of the U.S. District Court for the Eastern District of Wisconsin found the expert's opinion that the amount of benzene exposure is irrelevant, so long as it is "nontrivial," does not meet Daubert standards. The judge further found that the expert failed to rule out ...

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