Court Nixes Portion of Order Requiring Early Disclosure of Exposure, Causation Evidence in Mixed Dust Case

LOS ANGELES - A California Court of Appeal has struck down a case management order in a mixed dust exposure case that required plaintiffs to submit their expert reports related to exposure and causation prior to the filing of summary judgment motions. Hernandez, et al. v. The Superior Court of California, No. B163040, B166103 (Calif. Ct. App., Second Dist.).

The state's Second District Court of Appeal said Sept. 29 that the order, designed to 'narrow the roster of defendants,' is in conflict with procedures specified by statute and established rules of law.

'We understand the trial court's desire to …