In one of the wildest of reversal of fortune cases, that has gone to the Supreme Court and back, in the latest chapter of the Roche v. Lincoln Property case, the Fourth Circuit in an unpublished opinion by Judge Gregory, joined by Judge Widener and Judge Beam from the Eighth Circuit, held that the trial court did not err in the exclusion of the plaintiff's expert on the issue whether the mold caused the plaintiffs' respiratory ailments, and otherwise affirmed the summary judgment on the merits entered by the district court for the E.D. Va.
The opinion is full of interesting Virginia law issues, and should have been published, in my view.
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