4th Circuit Vacates Daubert Ruling For Property Owners and Remands Case

RICHMOND, Va. - The 4th Circuit on June 30 remanded a landlord-tenant mold case to Virginia state court after finding that the participation of in-state partners in the property company defeated diversity jurisdiction. Roche v. Lincoln Property Co., et al., No. 03-2064. (4th Cir.).

The panel did not address the merits of the U.S. District Court for the Eastern District of Virginia's decision to bar testimony by tenants' medical expert, but reversed that court's ruling on jurisdiction and vacated summary judgment granted to defendant Lincoln Property Co.

Christopher and Juanita Roche sued Lincoln, the State of Wisconsin Investment Board (SWIB) …