Judge Finds Allocation Expert’s Opinion Admissible, Limits Remedial Action Expert

Mealey's (October 16, 2020, 2:00 PM EDT) -- MISSOULA, Mont. — A federal judge in Montana on Oct. 15 denied a motion to exclude the testimony of a designated expert on the allocation of response costs in a Comprehensive Environmental Response, Compensation and Liability Act lawsuit brought by the current owner of a former aluminum smelting site over the costs of cleaning up the property, finding that the opinion was more than legal opinion and that a remedial action expert’s testimony should be limited to the opinions already expressed in reports filed with the court....