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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...

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...

Railroad Must Produce Event Recorder Data For Longer Time Period Before Derailment

Following last year’s crude oil train derailment in West Virginia, the railroad brought suit against the company responsible for maintaining the track.  The railroad alleged that the derailment was caused by the defendant company removing anchors from the track in anticipation of replacing the existing rail (the replacement allegedly was supposed to take place the same day as the...

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...

Court Declines To Certify Damages Class In West Virginia Water Contamination Case

In the litigation following the interruption of the Charleston, West Virginia water supply caused by a leaking chemical storage tank in January 2014, the U.S. District Court for the Southern District of West Virginia ruled yesterday that the plaintiffs could certify a class for determining liability, but refused to certify a class for purposes of establishing damages. The plaintiffs...

Land Valuation Expert Allowed To Testify In Oklahoma Groundwater Contamination Case

In a case involving alleged groundwater contamination of a group of plaintiffs’ properties located in proximity to a company’s former site used to clean missile motor casings, the U.S. District Court for the Western District of Oklahoma denied the plaintiffs’ request to exclude the testimony of one of the company’s proposed land valuation experts.  The...

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