Judge Excludes Experts' New Opinions Regarding Contamination In Pallets

(September 9, 2020, 2:39 PM EDT) -- DAYTON, Ohio — A federal judge in Ohio on Aug. 31 excluded newly submitted expert testimony that pallets burned in an air curtain destructor (ACD) owned and operated by an alleged predecessor to Waste Management of Ohio Inc. (WMO) at the South Dayton Dump and Landfill contained hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, finding that the opinions were filed after the close of expert discovery and that the conversion of WMO's motion to dismiss to a motion for summary judgment did not reopen discovery (Hobart Corporation, et al. v. The Dayton Power & Light Co., et al., No. 13-cv-115, S.D. Ohio, 2020 U.S. Dist. LEXIS 157993)....