September 17, 2014
In support of their allegations that Fixodent was capable of causing neurologic injury, plaintiffs proffered numerous general and specific causation experts. Weil successfully moved to exclude the experts’ testimony, arguing that the witnesses employed unreliable scientific methodologies under Daubert. As a direct result of this win, the District Court issued summary judgment, finding that without the requisite expert testimony, plaintiffs could not sustain their burden of proof. Plaintiffs appealed both the Daubert and summary judgment orders.
After extensive briefing and oral argument, the Eleventh Circuit affirmed the District Court’s Daubert and summary judgment orders, finding that based on deficiencies in the experts’ scientific-methodology, the plaintiffs failed to designate reliable expert testimony for general and specific causation. This ruling should have a significant impact on the remaining cases in the Denture Cream Multidistrict Litigation currently pending in the Southern District of Florida.The Weil team consisted of partner Ed Soto, and associates Erica Rutner and Lara Bach in the Miami office.