Damico and Palmer Obtain Exclusion of Expert

Burns White attorneys David Damico and Edwin Palmer successfully obtained the exclusion of Plaintiffs’ noise testing expert in a nuisance class action matter in the Northern District of Ohio.  Plaintiffs filed a putative class action suit alleging that the  noise generated from the car retarders in their client’s rail yard created a nuisance affecting their use and enjoyment of their property.  Plaintiffs’ expert attempted to establish that noise levels from the defendant’s rail operations exceeded permissible EPA noise standards.  Damico and Palmer successfully argued that the testimony of Plaintiffs’ expert should be excluded under Daubert as he failed to use a scientifically reliable methodology to identify retarder sounds and calculate noise levels.