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In re E. I. Du Pont De Nemours & Co. C-8 Personal Injury Litig.

Citation: 345 F. Supp. 3d 897Docket: Civil Action 2:13-md-2433

Court: District Court, S.D. Ohio; August 6, 2015; Federal District Court

Narrative Opinion Summary

In this case, Chief United States District Judge Edmund A. Sargus, Jr. addresses a motion by Defendant E. I. du Pont de Nemours and Company to exclude certain expert witnesses retained by Plaintiffs in a multidistrict litigation concerning health issues allegedly caused by exposure to ammonium perfluorooctanoate (C-8 or PFOA) from DuPont's facilities. The case hinges on the admissibility of expert testimony under Federal Rules of Evidence 702 and 403. DuPont challenges the qualifications and methodologies of the plaintiffs' experts, arguing that their testimony on corporate conduct and intent should be excluded. The Court evaluates the qualifications of each expert, including Dr. Barry S. Levy, Dr. Michael B. Siegel, Mr. Stephen E. Petty, and Mr. Steven Amter, finding that while some testimony related to corporate intent is inadmissible, the experts are generally qualified to testify about industry standards and practices. The Court grants in part and denies in part DuPont's motion, allowing expert testimony that is relevant and reliable while excluding speculative opinions on corporate motives. This decision emphasizes the court's gatekeeping role to ensure that expert testimony aids the jury without overstepping into areas reserved for juror determination.

Legal Issues Addressed

Admissibility of Expert Testimony under Federal Rule of Evidence 702

Application: The Court evaluates the qualifications and methodologies of expert witnesses to determine their admissibility, applying the Daubert standard and considering the experts' qualifications, relevance, and reliability.

Reasoning: Federal Rule of Evidence 702 governs expert testimony, allowing qualified witnesses to present opinions if their testimony assists in understanding evidence or determining facts.

Exclusion of Evidence under Federal Rule of Evidence 403

Application: The Court uses Rule 403 to exclude certain expert opinions that are speculative or could mislead the jury, ensuring that only evidence with substantial probative value is admitted.

Reasoning: Federal Rule of Evidence 403 allows for the exclusion of relevant evidence if its probative value is significantly outweighed by risks such as unfair prejudice or confusion.

Expert Testimony on Corporate Intent

Application: The Court restricts expert testimony that speculates on corporate intent, emphasizing that such determinations are within the province of the jury.

Reasoning: Expert opinions on a corporation's state of mind are generally excluded as they pertain to matters within the jury's comprehension.

Qualifications of Expert Witnesses

Application: The Court affirms that an expert's extensive experience and qualifications in relevant fields are sufficient for them to testify, even if their expertise does not include direct experience with the specific substance or company at issue.

Reasoning: The Court finds that Mr. Petty possesses adequate qualifications to serve as an expert witness despite DuPont's claims to the contrary.

Weight versus Admissibility of Evidence

Application: The Court distinguishes between challenges to the weight of evidence, which are appropriate for cross-examination, and challenges to admissibility, which concern whether the evidence can be presented to the jury.

Reasoning: Critiques of evidence-gathering methods pertain to the weight of the evidence rather than its admissibility, referencing legal precedents to support their stance.