When the Town of Lexington detected PCBs in building caulk and then in indoor air in an elementary school built in 1960-61, it sued Pharmacia, alleging that Pharmacia sold a product – PCBs – with a design defect. In alleging the design defect, Lexington largely relied on the decision to ban the sale of PCBs, and the extensive regulation of PCBs under TSCA. Judge Denise Casper of the District of Massachusetts concluded that this was not enough and she granted Pharmacia’s motion for summary judgment. … More
Category Archives: Expert Opinion
On Wednesday, Judge David Hittner, of the District Court for the Southern District of Texas, in a decision long enough to require two separate pdfs, declined to impose an injunction or penalties (plaintiffs sought $642,697,500) against ExxonMobil in a Clean Air Act citizens’ suit brought by Environment Texas and the Sierra Club concerning the ExxonMobil facility in Baytown, Texas. The plaintiffs lost even though Judge Hittner did find a number of violations of the CAA. … More
In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion. A recent appellate decision in Pennsylvania in Snizavich v. Rohm and Haas Company provides useful clarification about the line between junk science and admissible expert opinion.
In Snizavich, the wife of a deceased worker at a chemical plant alleged that her husband had died because exposure to hazardous chemicals in the workplace had precipitated his brain cancer. … More