In Milward v. Acuity Specialty Products Group, Inc., No. 09-2270 (1st Cir. Mar. 22, 2011)
Mar 22, 2011OUTCOME: Victory in U.S. Court of Appeals for the First Circuit
In an appeal spearheaded by our very own Steve Baughman Jensen, the U.S. Court of Appeals for the First Circuit handed down a decision reversing a trial judge’s order excluding the testimony of an expe ... rt witness concluding that workplace exposure to benzene can cause our client’s type of leukemia. The appellate court explained the proper role of trial judges in ruling on the admissibility of scientific evidence and not only preserves our clients’ right to their day in court, but also sets an important precedent for judges to follow in other cases brought by victims seeking compensation for diseases caused by toxic substances.
