Supreme Court Declines to Hear Diacetyl Expert’s Appeal of Exclusion Order

WASHINGTON, D.C. — The U.S. Supreme Court has denied certiorari to an expert witness prevented from testifying in a diacetyl exposure case against ConAgra Foods Inc. (NYSE: CAG).

The high court entered an order March 18 denying the petition by David S. Egilman, M.D., MPH. The 9th Circuit followed March 25 with a mandate implementing its Sept. 5 judgment that Egilman lacked standing to appeal a district court order on admissibility.

Egilman posed the following question to the Supreme Court: “Whether a nonparty to a district court proceeding has a right to appeal a decision that adversely affects his interest, …