Mass. Plaintiffs Appeal Decision Limiting General Causation Testimony

BOSTON -- Plaintiffs whose general causation expert testimony was stricken on grounds that the expert's theories were "at best a plausible hypothesis," are appealing to the U.S. Court of Appeals for the 1st Circuit. Milward, et al. v. Acuity Specialty Products, et al., No. 07-11944 (D. Mass.).

The plaintiffs filed the notice of appeal with the U.S. District Court for the District of Massachusetts on Sept. 11.

In July, the district court granted defense objections to the testimony of Brian and Linda Milward's general causation expert, Dr. Martyn Smith, concluding that Dr. Smith's efforts to link benzene exposure to acute …