9th Circ. Allows Expert Testimony In Pepsi Toxic Tort

Law360, New York (May 17, 2013, 5:50 PM EDT) -- The Ninth Circuit on Thursday overturned the exclusion of expert testimony made on behalf of two women suing PepsiAmericas Inc. and others over their alleged exposure to toxic chemicals from a chrome-plating plant, ruling it was better left for consideration at trial.

In a nonprecedential opinion, a three-judge panel reversed the court's granting of summary judgment to PepsiAmericas, now known as Pepsi Beverages Co., and fellow defendants Whitman Corp. and Pneumo Abex Corp. on a portion of the plaintiffs' claims, though it upheld the summary judgment...
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