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Judge Strikes Expert Report Containing OSHA Policy Interpretation

On Wednesday, the U.S. District Court for the Northern District of Ohio granted summary judgment to the owner of a slag plant in a case brought by a worker who sustained serious injuries from falling off an unguarded screen deck in a tower. Summary judgment became possible once the court decided to exclude the testimony of the plaintiff’s primary expert witness. The proffered...

Third Circuit Reverses Summary Judgment in Asbestos Exposure Case

The Third Circuit partially reversed a grant of summary judgment in favor of a manufacturing company in an asbestos exposure case after finding that a reasonable jury could find the manufacturer may have exposed the worker to asbestos.  The Plaintiff (the estate of a deceased pipefitter) alleged that the pipefitter’s terminal lung cancer was caused to forty-five years of...

Tenth Circuit Affirms Decision Excluding Experts in Ladder Case for Failure To Test Theories

Yesterday, the Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of a waste systems facility in a case brought by a worker injured when he fell from a ladder while delivering fuel to the facility.  The district court had excluded the testimony of both of the worker’s expert witnesses, and then granted summary judgment for the facility owner...

Expert Neurologist And Real Estate Broker’s Opinions Excluded In Manganese Contamination Case

In a case in which plaintiffs allege a steel mill’s slag processing operations have resulted in dangerous levels of manganese being released onto their property, the U.S. District Court for the Northern District of Ohio concluded yesterday that two of the plaintiffs’ proposed experts cannot testify. First, the plaintiffs’ expert neurologist intended to testify that...

Expert Challenges Fail In Material Handling Cart Product Liability Case

Following a worker’s injury alleged caused by a material handling cart used to bring stock to the customer floor in a national retailer’s store, the worker brought an action alleging that the manufacturer of the cart was strictly liable for the defective design of the cart.  Yesterday, the U.S. District Court for the Central District of Illinois denied the...

Excess Insurer Not Allowed To Introduce Asbestos Exclusion In Upcoming Trial In Pennsylvania

In a lingering dispute related to the insurance available to a manufacturer of asbestos-containing products, the last non-settling excess insurer sought to preclude the manufacturer from presenting “any evidence of damages at trial.”  That insurer, Insurer A, contended that the manufacturer cannot prove any insured damages because Insurer A‘s policies incorporate an...

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