N.C. Court Refuses to Reconsider Decision Tossing Testimony of Mark in Asbestos Case

CHARLOTTE, N.C. –– A North Carolina federal court has denied a motion for reconsideration in an asbestos case, allowing to stand a decision in which it excluded the testimony of plaintiffs’ expert Eugene Mark, M.D.

In the Nov. 5 opinion, the U.S. District Court for the Eastern District of North Carolina opined that Mark’s reliance on Material Safety Data Sheets did not save his testimony from being dismissed since those documents do not specify a “durational component of exposure that is critical” to the case.

The plaintiffs contended that Graham Yates developed mesothelioma after he was exposed to asbestos in …