STORY FROM: Benzene & Emerging Toxic Torts Litigation

Neb. Court Tosses Toxic Exposure Lawsuit, Finds Fault with Specific Causation Testimony

OMAHA, Neb. –– A Nebraska federal court has awarded summary judgment to Union Pacific Railroad Company in a toxic exposure lawsuit, finding that the expert testimony failed to reliably opine as to specific causation.

In the Aug. 14 order, the U.S. District Court for the District of Nebraska found that, without the testimony, the plaintiffs’ claims could not proceed.

Brian Hernandez filed the complaint on behalf of Saul Hernandez, a former employee for Union Pacific Railroad Company, contending that his work for the company from approximately 1980 to 1990 as a laborer and trackman caused him to come into contact ...

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