3rd Circuit Affirms Exclusion of Expert, Summary Judgment in Pesticide Case

PHILADELPHIA - The 3rd Circuit Court of Appeals has affirmed summary judgment in favor of the maker of Dursban pesticide, rejecting a challenge to a lower court decision to exclude expert causation testimony as unreliable. Pritchard, et ux. v. Dow Agro Sciences, et al., No. 10-2168 (3rd Cir.).

The three-judge panel ruled in favor of Dow Agro Sciences and Southern Mill Creek Products of Ohio on June 2, rejecting arguments by Robert T. Pritchard Sr. that the trial court erred in preventing Dr. Bennet I. Omalu from testifying that Pritchards's workplace exposure to Dursban caused his cancer.

Pritchard sued Dow, …