STORY FROM: Benzene & Emerging Toxic Torts Litigation

Neb. Court Excludes Testimony of Experts in Asbestos, Chemical Case, Awards Summary Judgment

OMAHA, Neb. –– A Nebraska federal court has excluded the testimony of two plaintiff experts in a chemical and asbestos exposure lawsuit, finding that their opinions were based solely on exposure calculations for residents of a different state and for workers with similar job titles.

In the April 13 order, the U.S. District Court for the District of Nebraska also granted the defense motion for summary judgment, in part concluding that “an expert cannot with reasonable certainty or probability link an individual’s alleged diesel exhaust exposure to his lung cancer if the expert does not know what levels of ...

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