Heller v. Shaw Industries, Inc.

OPINION OF THE COURT

BECKER, Chief Judge:

This is an appeal by plaintiff Carol Heller (“Heller”), who sought to recover from defendant Shaw Industries (“Shaw”), for certain respiratory illnesses allegedly caused by volatile organic compounds emitted by Shaw carpet installed in Heller’s former home. The District Court’s grant of summary judgment against Heller and in favor of Shaw is largely a function of its exclusion, following an extensive in limine hearing, of key expert testimony by which Heller hoped to establish liability. See Heller v. Shaw Indus., Inc., No. Civ.A.95-7657, 1997 WL 535163…