Neb. Court Rejects Challenges to Experts, Causation in Toxic Exposure Case Against Union Pacific Railroad

OMAHA, Neb. –– A Nebraska federal court has rejected challenges to expert testimony and causation in a toxic exposure case, concluding that the showing “presents a classic battle of the experts.”

In the Jan. 7 opinion, the U.S. District Court for the District of Nebraska said that the jury “should decide among the conflicting views of different experts.”

“The Court would invade the province of the jury if it were to credit the testimony of the Railroad’s experts over the plaintiff’s experts,” the court said in denying the defense efforts.

Wesley A. Cleaver filed the underlying claims, contending that his …