N.C. Court Throws Out ‘Each and Every Exposure’ Testimony; Bars Eugene Mark from Testifying

CHARLOTTE, N.C. –– A North Carolina federal court overseeing an asbestos case has excluded evidence of the “each and every exposure” theory, but held that the causation theory is not critical to the testimony from a number of plaintiffs’ experts.

In its June 29 opinion, however, the U.S. District Court for the Eastern District of North Carolina did exclude the testimony of Eugene Mark, M.D., concluding in part that the expert had failed to establish a level “at which chrysotile is hazardous.”

“Plaintiffs have failed to show that Mark’s testimony will be helpful to the jury, is based on …