Expert Can't Appeal Exclusion Of Testimony, 9th Circ. Says

Law360, New York (September 6, 2012, 7:45 PM EDT) -- The Ninth Circuit dismissed an appeal Wednesday from a plaintiff's expert over the exclusion of his testimony from a suit claiming ConAgra Foods Inc. popcorn caused a man to suffer severe respiratory damage, ruling he did not have standing to bring such a challenge.

A California federal judge tossed the testimony of Dr. David Egilman when he granted summary judgment to ConAgra in the underlying "popcorn lung" suit in June 2010. The judge found that Egilman, plaintiff Larry Newkirk's primary witness, provided testimony regarding exposure to...
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