The U.S. Court of Appeals for the Second Circuit revived a New York couple’s toxic tort lawsuit against E.I. du Pont de Nemours & Co. for trial on Wednesday, after finding that the district court judge should have green-lighted the testimony of the plaintiffs’ expert witness.

The ruling, from a three-judge panel of the Manhattan-based appeals court, found that a Buffalo federal judge had incorrectly applied state tort law in tossing the long-running case on summary judgment.

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