Legal Opinion

Acosta v. Shell Western Exploration & Production, Inc.

New Mexico Court of Appeals

Decided December 26, 2012No. 33,884; Docket No. 29,502Published

1Opinion of the Court

OPINION

GARCIA, Judge.

{1} In this toxic tort case, the district court granted Defendants’ motion to exclude the opinion testimony of Plaintiffs’ expert witness as to causation for the Plaintiffs’ lupus and autoimmune medical conditions. As a result, the district court granted partial summary judgment in favor of Defendants on Plaintiffs’ claims relating to their lupus and other autoimmune disorders. Plaintiffs’ remaining claims that relied upon other evidence and expert testimony survived summary judgment and were allowed to proceed to trial. After the jury returned a verdict in favor of…

2Cases cited46 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Carol Heller v. Shaw Industries, Inc.Court of Appeals for the Third Circuit · 1999
  5. Raymond Rosen v. Ciba-Geigy CorporationCourt of Appeals for the Seventh Circuit · 1996

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