United States Fifth Circuit

In a toxic tort suit under the Jones Act brought by a tankerman against defendants-employers, summary judgment for defendants is affirmed where: 1) the district court did not abuse its discretion in excluding plaintiff's expert's testimony upon reasonably concluding that the analytical gap between the studies on which he relied and his conclusions was simply too great, and that his opinions were thus unreliable; and 2) a determination regarding discovery costs was not an abuse of discretion.

Appellate Information

• Decided 03/19/2007
• Published 03/19/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before DAVIS and STEWART, Circuit Judges, and CRONE, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert Dale Green (argued), Mignon Angelette Gill, James Robert Davis, Jr., Law Office of J. Robert Davis, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Frank J. Dantone (argued), Edward D. Lamar, Henderson Dantone, Greenville, MS, for Defendants-Appellees.