SARKEES v. E. I. DUPONT DE NEMOURS AND CO.

Docket No. 20-3170 August Term 2020.

15 F.4th 584 (2021)

James H. SARKEES, Plaintiff-Appellant, Deborah J. Sarkees, Plaintiff, v. E. I. DUPONT DE NEMOURS AND COMPANY, Individually, and as Successor in interest to the First Chemical Corporation, First Chemical Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 6, 2021.


Attorney(s) appearing for the Case

Steven H. Wodka , Little Silver, NJ ( John N. Lipsitz , Lipsitz & Ponterio, LLC, Buffalo, NY, on the brief), for Plaintiff-Appellant James H. Sarkees.

Joshua S. Glasgow , Phillips Lytle LLP, Buffalo, NY ( Lisa L. Smith , Kevin M. Hogan , Phillips Lytle LLP, Buffalo, NY, Justin D. Kloss , David W. Kloss , Kloss Stenger & Gormley LLP, Buffalo, NY, on the brief), for Defendants-Appellees E. I. DuPont de Nemours and Company and First Chemical Corporation.

Before: NEWMAN, CABRANES, PARKER, Circuit Judges.


This appeal concerns the exclusion of an expert witness's report and deposition testimony, specifically the expert's opinion that the chemical ortho-toluidine ("OT") was the specific cause of a worker's bladder cancer.

Plaintiff-Appellant James H. Sarkees ("Sarkees") appeals from the August 24, 2020, judgment...

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