2nd Circuit Reinstates Ortho-Toluidine Case, Says District Court Wrongfully Excluded Testimony

NEW YORK –– The 2nd Circuit U.S. Court of Appeals has reversed the dismissal of an Ortho-Toluidine exposure lawsuit against Goodyear Tire & Rubber Co., finding that the District Court had wrongfully excluded expert testimony from the plaintiff’s general and specific expert witness.

In the Oct. 6 opinion, the 2nd Circuit found that the District Court judge wrongfully used state tort law in assessing the testimony.

Plaintiff James H. Sarkees filed the underlying lawsuit, contending that he developed bladder cancer as a result of exposure to Ortho-Toluidine he encountered while working at Goodyear Tire & Rubber Company. During the course …