Mealey's Litigation Procedure - Pennsylvania Federal Judge Excludes Experts Designated To Identify Fly Ash Source

Mealey's Litigation Procedure - Pennsylvania Federal Judge Excludes Experts Designated To Identify Fly Ash Source

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered orders March 13 excluding the expert testimony of a geologist and an environmental scientist designated by the plaintiffs to identify the fly ash on their properties; the opinions would not help the trier of fact because they are unable to determine when the fly ash was deposited on the plaintiffs' properties, according to the judge (David Patrick, et al v. FirstEnergy Generation Corp., et al., No. 08-1025, W.D. Pa.; Robert Price, et al. v. FirstEnergy Generation Corp., No 08-1030, W.D. Pa.; 2014 U.S. Dist. LEXIS 32338; 2014 U.S. Dist. LEXIS 32340).

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