N.D. Court Denies Defense Efforts to Exclude ‘Every Exposure’ Testimony; Case Later Settles

BISMARCK, N.D. –– A North Dakota federal court has denied defense efforts to exclude “each and every exposure” causation testimony, opining that Foster Wheeler’s criticism of the testimony goes to the weight of the finder of fact should give to the testimony, not its admissibility.

Just days after the U.S. District Court for the District of North Dakota issued its Jan. 24 order, the remaining parties in the asbestos-related action reached a settlement agreement, according to the court’s online docket.

The parties had been preparing for a Jan. 31 trial date.

According to the ruling released prior to the settlement, …