Dealing a major setback to defendants in a toxic chemical exposure lawsuit, the U.S. Court of Appeals for the Ninth Circuit recently held that the testimony of three expert witnesses for the plaintiffs was improperly excluded and that summary judgment for defendants was improperly granted.  (Whitlock v. Pepsi Americas, 9th Cir., No. 11-16958, 5/16/2013) In an unpublished opinion, the Ninth Circuit Court of Appeals recently addressed whether plaintiffs’ three experts, a chemist, a toxicologist and a physician, offered exposure and causation testimony to support the plaintiffs’ injury claims which was sufficiently reliable under federal evidence rules.  The claims at issue… Read more