Federal Courts Grant Motions to Exclude Testimony of Benzene Plaintiffs' Expert

GREENVILLE, Miss. -- A federal court has denied a motion to reconsider an order in which it found that the causation testimony of plaintiffs' expert Barry S. Levy, M.D., is inadmissible under Daubert v. Merrell Dow Pharmaceuticals. Knight, et al. v. Kirby Inland Marine, et al., No. 01-223 (N.D. Miss.).

In a March 14 order, Judge W. Allen Pepper Jr. of the U.S. District Court for the Northern District of Mississippi opined that while Dr. Levy is qualified to testify under Daubert standards (Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 [1993]), his testimony wrongfully relies on studies that …