High Court Snubs 3rd-Party Appeal By ‘Popcorn Lung’ Expert

Law360, New York (March 18, 2013, 6:14 PM EDT) -- The U.S. Supreme Court refused Monday to weigh whether nonparties to a suit can appeal a district court ruling, rejecting a review bid by a controversial plaintiffs' expert whose testimony was excluded from a so-called popcorn lung lawsuit.

Dr. David Egilman had sought review of the Ninth Circuit's dismissal of his appeal over the exclusion of his testimony from a suit claiming ConAgra Foods Inc. popcorn caused a consumer to suffer severe respiratory damage. The appeals court found in September that Egilman was not party to...
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