Horvitz & Levy LLP has represented ExxonMobil and Unocal in a series of mass toxic tort appeals arising from injuries allegedly suffered by some 640 plaintiffs following exposure to a variety of organic solvents. 

In this Lockheed Litigation case, the trial court excluded the testimony of plaintiffs’ sole causation expert on grounds that there was no adequate foundation for the expert’s opinion, and then granted summary judgment for the defendants. The Court of Appeal affirmed the trial court’s exclusion of the plaintiffs’ expert testimony, confirming the discretion that trial judges have under California law to exclude expert testimony lacking an adequate foundation, and holding that trial courts must determine whether there is a reasonable basis for an expert opinion under Evidence Code section 801, subdivision (b) by examining the matter that the expert relied on in forming his or her opinion.