8 results for 'casenum:"2:16cv107"'.
J. Peterson denies the city's motion to exclude the "tribal scenario" portion of the Monsanto's expert's opinion in the city's complaint accusing the agrochemical company of manufacturing polychlorinated biphenyls that contaminated the Lower Duwamish River. The city does not sufficiently argue how the tribal scenario's use of specific data from a 2000 fish consumption survey of the Suquamish Indian Tribe of the Port Madison Indian Reservation in the Puget Sound Region, rather than data from the entire Puget Sound Region, makes it irrelevant to this lawsuit.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: December 1, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Experts, Discovery
J. Peterson grants the city's motion to exclude the proposed expert testimony of Dr. David L. Sunding from its lawsuit alleging that polychlorinated biphenyls from Monsanto's product, Aroclor, contaminated the Lower Duwamish River. Dr. Sunding's supplemental report is time barred because he submitted it nearly six months after the November 2023 expert report deadline, and on the last day of the parties' expert discovery period.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: October 26, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Tort, Experts, Discovery
J. Peterson denies Monsanto's motion to exclude the expert testimony of Dr. Lisa Rodenburg from the city's lawsuit alleging that polychlorinated biphenyls (PCBs) from the company's product, Aroclor, contaminated the Lower Duwamish River. Monsanto claims that Dr. Rodenburg's methodology was rigged "to ensure environmental sampling data would resemble Aroclor rather than byproduct PCB sources," but her academic remarks that several locations across the United States contained PCB congeners that can contribute to water pollution do not undermine her opinion that Aroclor is the primary source of PCB contamination in the river.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: September 13, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Experts, Discovery
J. Peterson denies the city's motion to exclude Dr. William Desvousges' second opinion, sans his opinions on Lower Duwamish Waterway (LDW) anglers feeding on certain fish, from the city's lawsuit alleging that Monsanto Co. manufactured and sold polychlorinated biphenyls (PCBs) that contaminated the LDW and the city's stormwater and drainage systems. Desvousges adequately supports his assertion that industrialization and not PCBs limited the LDW's recreational use by citing evidence such as how the city's public utilities strategic advisor managing the LDW sediment program said that PCBs do not prevent recreational fishing.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: August 28, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Water, Experts, Discovery
J. Peterson denies the city's motion to prevent Monsanto's experts from testifying on the identified opinions in their reports sans their opinions about landfills as a source of polychlorinated biphenyls (PCBs) in litigation alleging that Monsanto and others intentionally manufactured and distributed PCBs that contaminated the Lower Duwamish Waterway (LDW) and the city's stormwater and drainage systems. The experts' remaining identified testimony is relevant to the case. Unlike the opinions about the landfills, the remaining testimony can address the city's public nuisance claim, as the experts opine on how the city or other parties could have contributed to the LDW's contamination.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: August 18, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Experts, Discovery
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J. Peterson denies Monsanto's motion to exclude expert Dr. Michael Trapp's fourth opinion that the city will incur $230 million in costs to reduce polychlorinated biphenyls (PCBs) in the Lower Duwamish Waterway and the city's stormwater and drainage systems, which the city says was contaminated by Monsanto's PCB-containing products. Dr. Trapp's cost estimate is sufficiently reliable because he used tools regulatory agencies and other government entities developed to determine city abatement costs, and the omission of certain sediment samples in his analysis are irrelevant.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: July 19, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Experts
J. Peterson partially denies the city's motion to exclude Monsanto's expert's testimony from the city's lawsuit accusing the agrochemical company of manufacturing and selling polychlorinated biphenyls (PCBs) that contaminated the Lower Duwamish River. The expert may give his opinion that Monsanto's "recommendations for PCB waste disposal conformed with applicable regulations and exceeded waste disposal standards at the time," because the materials he cited in his report are adequate to support his opinion.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: June 30, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Tort, Water, Experts
J. Peterson denies the agrochemical company's motion to exclude the testimony of the city's rebuttal expert from the city's lawsuit alleging that the agrochemical company and others manufactured polychlorinated biphenyls (PCBs) that contaminated the Lower Duwamish River and the city's stormwater and drainage systems. The agrochemical company argues that the city's expert is unqualified to render any opinions about the historical alternatives because he does not possess enough knowledge about dielectric fluid, historical alternatives to PCB dielectric fluid or comparing dielectric fluids. However, the expert has nearly 50 years experience working with PCB and non-PCB equipment with electrical utilities and companies, and is a certified hazardous material manager with training as a hazardous materials technician, hazardous materials specialist and on-scene incident commander.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: June 15, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Product Liability