District Court Denies Efforts to Exclude Expert Testimony in Declaratory Action

ST. LOUIS -- A Missouri District Court will allow an asbestos defendant to rely on the expert testimony relating to asbestos-related injuries and insurance allocation, rejecting defense contentions that the testimony was inadmissible because it lacked foundation. Brauer Supply Co., et al., v. Atlanta International Ins. Co., et al., No. 09-1640 (E.D. Mo.).

In the Jan. 6 opinion, the U.S. District Court for the Eastern District of Missouri opined in part that because the testimony could assist a jury, it was admissible.

In the declaratory judgment action, Brauer Supply Compnay 542(g) Asbestos Personal Injury Trust, says that it is …