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Dodge v. Cotter Corp.

ELR Citation: 33 ELR 20179
Nos. Nos. 01-1197 et al., (10th Cir., 04/22/2003)

The court holds that a district court improperly admitted expert scientific testimony in an action alleging injuries from exposure to hazardous substances through the operation of a uranium mill. The lower court failed to perform its gatekeeper function with respect to plaintiffs' experts and thereby abused its discretion by admitting their testimony. The court did not make adequate findings on the record to assure that the expert testimony offered was both relevant and reliable, and that the particular opinions were based on valid reasoning and reliable methodology. The case, therefore, was reversed and remanded for a new trial.

[A prior decision in this litigation is published at 30 ELR 20345.]

Counsel for Plaintiffs
Don Howarth
Howarth & Smith
800 Wilshire Blvd., Ste. 750, Los Angeles CA 90017
(213) 955-9400

Counsel for Defendant
William A. VonHoene Jr.
Exelon Business Services Company
One IBM Plaza, Chicago IL 60611
(312) 222-9350

John L. Watson
Moye, Giles, O'Keefe, Vermeire & Gorrell
1225 17th St., 29th Fl., Denver CO 80202
(303) 292-2900