This Court previously ruled on motions filed by Defendants Valley Asphalt Corporation, Doc. #1215, Sherwin-Williams Company, Doc. #1218, and Bridgestone Americas Tire Operations, LLC, Doc. 1219.
LEXIS 123978, *3 (E. D. Mich. Oct. 26, 2011) (citations omitted) (collecting cases listing conflict of interest, illness, and incarceration as unforeseen circumstances justifying substitution of an expert)
Defendants strongly oppose this addition, arguing that this Court's prior rejection of Dr. Marshall White in 2020 caused parties to be dismissed and witnesses to be released such that reversing course now would create havoc in the case.
Based upon this decision, and the resulting absence of evidence connecting hazardous substances with the burning of the pallets, this Court found that there was no genuine issue of material fact as to the liability of Container Services, Inc. Doc, #1177, PagelD ##45097-98.
In so doing, this Court ruled that the lack of expert testimony concerning whether the burning of pallets results in a "disposal" of hazardous material under CERCLA justified the dismissal of Container Services.