6th Circuit Affirms Dismissal of Lawsuit, Finds Dr. Dahlgren's Opinion 'Pure Conjecture'

CINCINNATI -- The 6th Circuit U.S. Court of Appeals has upheld the dismissal of a benzene suit, agreeing with a district court's determination that the opinion of Dr. James Dahlgren was inadmissible. Pluck, et al. v. BP Oil Pipeline Co., No. 09-4572 (6th Cir.).

In the May 12 opinion, the appellate court opined that Dahlgren's testimony was "pure conjecture," because it failed to rule in benzene exposure as the cause of the plaintiff's NHL and rule out alternative causes of the illness.

The underlying complaint arose out of five spills from underground pipelines owned by BP that occurred between …