Wednesday, August 10, 2005

Daubert opinion and other matters in long-running Lone Mountain case

In Magistrate Judge Sargent's lengthy opinion in the case of Lone Mountain Processing, Inc. v. Bowser-Morner, Inc., her recommendations included the denial of a motion in limine to exclude expert testimony (see pp. 28-33) related to why and how the coal slurry went bad and leaked into an abandoned mine shaft, an issue which lies at the heart of this long-running litigation between the coal company and the outfit that designed the pond.

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