SlideShare a Scribd company logo
1 of 1
Download to read offline
PRESS RELEASE
July 13, 2015, San Francisco, CA
Lawsuit resolves after pre-trial evidentiary hearing ordered
Plaintiff alleged that our client exposed him to toxic substances in the 1960s that led to his recent
development of multiple myeloma, a blood cancer which develops in bone marrow and is usually
fatal. Plaintiff was granted a preferential trial date based on his multiple myeloma diagnosis and
the court’s finding that the multiple myeloma would likely prevent the plaintiff from
participating in the trial unless preference was granted.
After analyzing plaintiff’s expert’s report, the medical references cited therein, and taking the
expert’s deposition, we moved in limine for an order precluding plaintiff’s expert from testifying
at trial unless he first testified at a pre-trial hearing and demonstrated to the court’s satisfaction
that his opinion had a sufficiently sound scientific foundation to be admitted at trial. Recent case
law from the California Supreme Court has emphasized the trial court’s role as a gatekeeper to
prevent the admission at trial of scientific theories and expert testimony which do not have an
adequate scientific foundation. Based on that recent law, trial courts are more receptive to
defense motions seeking to investigate the bases of claims that certain events or substances
caused later-arising ailments. We argued that the plaintiff’s expert’s medical references and his
deposition testimony did not support his causation theory and that more recent medical and
scientific literature refuted the expert’s theory.
The trial court agreed and ordered a pre-trial hearing. The case resolved shortly thereafter.
If you have any questions or comments, you may contact the handling attorney, Guy Stilson, at:
Guy W. Stilson, Esq.
LOW, BALL & LYNCH
505 Montgomery St., 7th
Floor
San Francisco, CA 94111-2584
Office: 415.981.6630 Direct: 415.394.3642
Fax: 415.399.1506
gstilson@lowball.com www.lowball.com

More Related Content

Featured

Social Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsSocial Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie Insights
Kurio // The Social Media Age(ncy)
 

Featured (20)

PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024
 
Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)
 
How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024
 
Social Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsSocial Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie Insights
 
Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024
 
5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary
 
ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd
 
Getting into the tech field. what next
Getting into the tech field. what next Getting into the tech field. what next
Getting into the tech field. what next
 
Google's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search IntentGoogle's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search Intent
 
How to have difficult conversations
How to have difficult conversations How to have difficult conversations
How to have difficult conversations
 
Introduction to Data Science
Introduction to Data ScienceIntroduction to Data Science
Introduction to Data Science
 
Time Management & Productivity - Best Practices
Time Management & Productivity -  Best PracticesTime Management & Productivity -  Best Practices
Time Management & Productivity - Best Practices
 
The six step guide to practical project management
The six step guide to practical project managementThe six step guide to practical project management
The six step guide to practical project management
 
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
 
Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...
Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...
Unlocking the Power of ChatGPT and AI in Testing - A Real-World Look, present...
 
12 Ways to Increase Your Influence at Work
12 Ways to Increase Your Influence at Work12 Ways to Increase Your Influence at Work
12 Ways to Increase Your Influence at Work
 
ChatGPT webinar slides
ChatGPT webinar slidesChatGPT webinar slides
ChatGPT webinar slides
 
More than Just Lines on a Map: Best Practices for U.S Bike Routes
More than Just Lines on a Map: Best Practices for U.S Bike RoutesMore than Just Lines on a Map: Best Practices for U.S Bike Routes
More than Just Lines on a Map: Best Practices for U.S Bike Routes
 
Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...
Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...
Ride the Storm: Navigating Through Unstable Periods / Katerina Rudko (Belka G...
 
Barbie - Brand Strategy Presentation
Barbie - Brand Strategy PresentationBarbie - Brand Strategy Presentation
Barbie - Brand Strategy Presentation
 

2015_07_13_001

  • 1. PRESS RELEASE July 13, 2015, San Francisco, CA Lawsuit resolves after pre-trial evidentiary hearing ordered Plaintiff alleged that our client exposed him to toxic substances in the 1960s that led to his recent development of multiple myeloma, a blood cancer which develops in bone marrow and is usually fatal. Plaintiff was granted a preferential trial date based on his multiple myeloma diagnosis and the court’s finding that the multiple myeloma would likely prevent the plaintiff from participating in the trial unless preference was granted. After analyzing plaintiff’s expert’s report, the medical references cited therein, and taking the expert’s deposition, we moved in limine for an order precluding plaintiff’s expert from testifying at trial unless he first testified at a pre-trial hearing and demonstrated to the court’s satisfaction that his opinion had a sufficiently sound scientific foundation to be admitted at trial. Recent case law from the California Supreme Court has emphasized the trial court’s role as a gatekeeper to prevent the admission at trial of scientific theories and expert testimony which do not have an adequate scientific foundation. Based on that recent law, trial courts are more receptive to defense motions seeking to investigate the bases of claims that certain events or substances caused later-arising ailments. We argued that the plaintiff’s expert’s medical references and his deposition testimony did not support his causation theory and that more recent medical and scientific literature refuted the expert’s theory. The trial court agreed and ordered a pre-trial hearing. The case resolved shortly thereafter. If you have any questions or comments, you may contact the handling attorney, Guy Stilson, at: Guy W. Stilson, Esq. LOW, BALL & LYNCH 505 Montgomery St., 7th Floor San Francisco, CA 94111-2584 Office: 415.981.6630 Direct: 415.394.3642 Fax: 415.399.1506 gstilson@lowball.com www.lowball.com