Legal Opinion

Jules R. Viterbo, Et Ux, (Patricia Viterbo) v. The Dow Chemical Co.

Court of Appeals for the Fifth Circuit

Decided September 11, 1987No. 86-2806PublishedCited by 525 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

In this case today we consider the question whether it is so if an expert says it is so. Although the plaintiffs expert here said it was so, the district court excluded the expert’s opinion and granted summary judgment in favor of the defendant, 646 F.Supp. 1420 (E.D.Tex.1986). We uphold the district court because the plaintiff’s expert brought to court little more than his credentials and a subjective opinion.

I

From April to September 1981, Jules Viterbo used Tordon 10K, a pesticide manufactured by Dow Chemical Company (Dow), to eliminate tallow trees on a 700…

2Cases cited9 opinions

  1. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1985
  2. Merit Motors, Inc. v. Chrysler CorporationCourt of Appeals for the D.C. Circuit · 1977
  3. Dixon v. International Harvester Co.Court of Appeals for the Fifth Circuit · 1985
  4. Soden v. Freightliner Corp.Court of Appeals for the Fifth Circuit · 1983
  5. Barrel of Fun, Inc. D/B/A the Music Factory v. State Farm Fire & Casualty CompanyCourt of Appeals for the Fifth Circuit · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by525 opinions

  1. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  2. In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
  3. Richard S. RASKIN, Plaintiff-Appellant, v. the WYATT COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
  4. United States v. 14.38 Acres of Land, More or Less Situated in Leflore County, MississippiCourt of Appeals for the Fifth Circuit · 1996
  5. Mid-State Fertilizer Co., Lasley Kimmel, and Maxine Kimmel v. Exchange National Bank of ChicagoCourt of Appeals for the Seventh Circuit · 1989

520 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API