Wis. Court Declines to Grant Motion for Summary Judgment in Benzene Case, Follows Guidance of 7th Circuit Decision

MILWAUKEE –– A Wisconsin federal court has declined to grant a motion for summary judgment that was originally granted but reversed by an appellate court, saying that benzene defendant’s attacks on the admissibility of a plaintiff expert witness are “fodder for cross-examination.”

In the Sept. 13 decision and order, the U.S. District Court for the Eastern District of Wisconsin said while it agreed to revisit the motion for summary judgment, it is ultimately required to “adhere to the commands of a higher court on remand.”

“In finding [Dr. Stephen Gore’s] opinion admissible, the 7th Circuit specifically relied on [Dr. James …