MOORE v. ASHLAND CHEMICAL INC.

No. 95-20492.

151 F.3d 269 (1998)

Bob T. MOORE; Susan Moore, Plaintiffs-Appellants Cross-Appellees, v. ASHLAND CHEMICAL INC.; Ashland Oil Inc., Defendants-Appellees Cross-Appellants, and Dow Corning Corporation; Cdc Services, Inc., Defendants.

United States Court of Appeals, Fifth Circuit.

August 14, 1998.


Attorney(s) appearing for the Case

Robert Dale Green, Michael L. Davis, Green, Davis & Barton, Houston, TX, for Bob and Susan Moore.

Debora M. Alsup, Julie Caruthers Parsley, Thompson & Knight, Austin, TX, William Lowell Banowsky, Thompson & Knight, Dallas, TX, William Kyle Carpenter, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Ashland Chemical, Inc. and Ashland Oil, Inc.

Terry Lynn Jacobson, Dawson, Sodd, Moe & Means, Corsicana, TX, for Dow Corning Corp. and CDC Services, Inc.

David G. Matthiesen, Houston, TX, for CDC Services, Inc.

David John Schenck, Danny S. Ashby, Bert Black, Heather Kern, Hughes & Luce, Dallas, TX, for Chemical Manufacturers Ass'n and Chamber of Commerce of the U.S.

Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA, Mary Alice Wells, L. Michael Brooks, Jr., Wells, Anderson & Rice, Denver, CO, for Product Liability Advisory Council, Inc.

James B. Irwin, Quentin F. Urquhart, Jr., New Orleans, LA, for Louisiana Ass'n of Defense Counsel, Amicus Curiae.

Gerald Edward Meunier, Gainsburgh, Benjamin, David, Meunier, Noriea & Warshauer, New Orleans, LA, for Louisiana Trial Lawyers Ass'n, Amicus Curiae.

Martin S. Kaufman, Douglas Foster, Edwin L. Lewis, III, Atlantic Legal Foundation, New York City, for Adair, Angell, Buffler, Cormack, Hamilton, Holton, Langer, Lederberg, Seitz, Trichopoulos, Watson, and Wilson, Amicus Curiae.

Monica T. Surprenant, Baldwin & Haspel, New Orleans, LA, for Bristol Myers-Squibb Co., Inc.

Before KING, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, STEWART, BENAVIDES, PARKER and DENNIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

In this toxic tort case, we consider whether the district court abused its discretion in excluding the opinion of a physician on the causal relationship between Plaintiff's exposure to industrial chemicals and his pulmonary illness. We find no abuse of discretion and affirm.

I.

Bob T. Moore was employed as a delivery truck driver for Consolidated Freightways, Inc. ("Consolidated"), a motor freight company. On the morning...

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