Plaintiffs Seek Rehearing En Banc In Cancer Cluster Case, Raise Daubert Issues

Mealey's ( May 10, 2024, 3:03 PM EDT) -- ATLANTA — Plaintiffs on May 9 filed a petition for rehearing en banc in the 11th Circuit U.S. Court of Appeals, arguing that a panel of the 11th Circuit overlooked “express misstatements of law” in the lower court’s verdict form that caused jury confusion, particularly related to the admissibility of expert opinion under the standard set in Daubert v. Merrell Dow Pharmaceuticals Inc., which resulted in a defense verdict in a cancer cluster lawsuit....