Neb. Court Rejects Union Pacific’s Efforts to Toss Expert Testimony in Asbestos, Benzene Case

  • Opinion

OMAHA, Neb. –– A Nebraska federal court has denied Union Pacific Railroad Company’s efforts to toss an asbestos and benzene personal injury lawsuit, contending that testimony proffered on behalf of the plaintiffs is “relevant and reliable.”

In the Oct. 22 order, the U.S. District Court for the District of Nebraska concluded that the lack of quantitative data is not fatal to the admissibility of the experts’ opinions, “since the lack of such data is typical in epidemiological cases.”

“Any shortcomings in the experts’ evaluations are properly the subject of cross-examination and do not call for exclusion of the testimony,” the …


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