No. 24-485

Kirk Prest v. BP Exploration & Production, Incorporated, et al.

Lower Court: Fifth Circuit
Docketed: 2024-10-31
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion epidemiological-evidence expert-testimony rule-702 scientific-reliability toxic-tort
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2024-11-22
Question Presented (AI Summary)

Whether a trial court may categorically exclude expert testimony in toxic tort cases without quantitative exposure data and whether the abuse of discretion standard applies when no substantive reliability analysis is conducted

Question Presented (OCR Extract)

QUESTION PRESENTED The admission of expert testimony in federal courts is governed by Federal Rule of Evidence 702 and this Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579, 592, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993) and its progeny. In toxic tort cases, the Fifth Circuit requires plaintiffs to provide "scientific knowledge of the harmful level of exposure to a chemical" as a_ prerequisite to establishing general causation, even when extensive peer-reviewed epidemiological studies demonstrate that exposure to the toxic agent increases disease incidence in exposed populations. The questions presented are: 1. Whether a trial court may categorically exclude expert testimony in toxic tort cases solely because the expert cannot quantify precise exposure levels, even when substantial peerreviewed epidemiological evidence demonstrates increased disease incidence in exposed populations and quantitative exposure data is unavailable or impossible to obtain. 2. Whether the abuse of discretion standard of review remains appropriate when a trial court fails to conduct any substantive analysis of the reliability of expert testimony under Rule 702 and instead applies a categorical rule requiring quantitative exposure data in all toxic tort cases.

Docket Entries

2024-11-25
Petition DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-11-01
Waiver of right of respondent BP Exploration & Production, Incorporated, et al. to respond filed.
2024-10-28
Petition for a writ of certiorari filed. (Response due December 2, 2024)

Attorneys

BP Exploration & Production, Incorporated, et al.
George William Hicks Jr. — Respondent
George William Hicks Jr. — Respondent
Kirk Prest
Timothy John Falcon — Petitioner
Timothy John Falcon — Petitioner