United States Fifth Circuit

In a negligence, product liability, and breach of warranty case involving alleged injury after exposure to defendant's beryllium-containing products, dismissal is affirmed where: 1) the district court did not abuse its discretion in excluding certain evidence presented by the plaintiffs because of its unreliability pursuant to Daubert and the plaintiffs' violation of the district court's discovery order; and 2) the type of injury alleged did not qualify as a compensable injury under Mississippi law.

Appellate Information

• Decided 01/14/2009
• Published 01/14/2009

Judges

• MONTALVO, District Judge:, Before JONES, Chief Judge, JOLLY, Circuit Judge, and MONTALVO, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Ruben Honik (argued), Stephan Matanovic, Golomb & Honik, Philadelphia, Randall Alan Smith, Smith & Fawer, New Orleans, LA, Hiawatha Northington, II, Smith & Fawer, LLC, Ridgeland, MS, for plaintiffs-appellants., Jeffery Ubersax (argued), Jones Day, Cleveland, OH, Paul H. Stephenson, III, Watkins & Eager, Jackson, MS, for Brush Wellman, Inc., Timothy Dale Crawley, Brian A. Hinton, Anderson, Crawley & Burke, Ridgeland, MS, for Wess-Del, Inc., V.L. Woolston, Perkins Coie, Seattle, WA, Ray D. Campbell, III, Bradley, Arant, Rose & White, Jackson, MS, for Boeing Co.