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Eleventh Circuit Court of Appeals rules that plaintiff expert's testimony in toxic tort lawsuit was properly excluded for failure to satisfy Fed. R. Evid. 702 and Daubert standard

On May 14, 2018, in Williams v. Mosaic Fertilizer LLC, No. 17-10894, the Eleventh Circuit Court of Appeals affirmed a summary judgment for the defendant in a toxic tort lawsuit in which the trial court excluded the plaintiff’s expert from testifying for failure to satisfy the standard set forth in Fed. R. Evid. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786 (1993). The Court of Appeals focused on three deficiencies: the expert’s failure to conduct an individualized dose-response analysis (as scientific estimate of the dose or level of exposure at which the substance at issue causes harm), his failure to demonstrate a scientific basis for concluding that the dose-response exposure levels he did choose would likely produce, contribute to, or exacerbate the plaintiff’s conditions, and his failure to rule out other potential causes of the plaintiff’s conditions.

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