5th Circuit Affirms Exclusion of Benzene Expert's Testimony

NEW ORLEANS - The 5th Circuit Court of Appeals has affirmed the exclusion of a benzene expert's testimony, saying that studies relied upon by Dr. Barry Levy were not relevant to the plaintiffs' claims. Knight v. Kirby Inland Marine Inc., No. 06-60134 (5th Cir.).

In the March 19 decision, the court found that studies cited by Levy in his testimony focused on a wide range of chemicals to which the plaintiffs were never exposed.

Plaintiffs Heath Knight and Thomas Ingerman asked the 5th Circuit to reverse a district court's summary judgment award to Kirby Inland Marine.

The plaintiffs claimed …