United States Ninth Circuit

In an action alleging that defendant's importation of sodium nitrate for fertilizer was the source of the presence of perchlorate contamination in plaintiff-city's water system, the district court's orders granting defendant's motion in limine to exclude plaintiff's expert's testimony on causation and denying defendant's motion for summary judgment are: 1) reversed in part with regard to the exclusion of the expert testimony, where the district court abused its discretion by not allowing a jury to resolve contested but otherwise admissible expert testimony; but 2) affirmed in part as to the denial of defendant's motion for summary judgment, where there was a genuine factual dispute as to whether plaintiff's claims were barred by California's economic loss rule or by the applicable statute of limitations.

Appellate Information

• Decided 05/02/2014
• Published 05/02/2014

Judges

• SIMON

Court

• United States Ninth Circuit

Counsel