Legal Opinion

Milward v. Acuity Specialty Products Group, Inc.

District Court, D. Massachusetts

Decided September 6, 2013No. Civil Action No. 07-11944-DPWPublished

1Opinion of the Court

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

Plaintiffs Brian Milward and his wife Linda brought this negligence action against makers of products containing benzene, exposure to which allegedly caused Brian Milward to develop Acute Promyelocytic Leukemia (“APL”), a rare subtype of Acute Myeloid Leukemia (“AML”), a disease rare in itself. Only the claims against Rust-Oleum Corporation (“Rush-Oleum”) remain before me. Rust-Oleum has moved for summary judgment on grounds that Milward lacks the reliable expert testimony necessary to prove that benzene exposure caused his leukemia,…

2Cases cited30 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  5. Westberry v. Gislaved Gummi ABCourt of Appeals for the Fourth Circuit · 1999

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