Fourteen of Georgia’s 15 Court of Appeals judges were divided in a Friday opinion upholding a trial court dismissal of a toxic tort in a ruling intended to preserve the trial court’s role vetting expert witnesses.

It’s rare for the entire intermediate court bench to weigh in on one case—an occurrence that only happens when a judge on the panel assigned to the case asks if the bench is willing to comment. In this instance, the original panel was composed of opinion author Judge Todd Markle, dissenting Presiding Judge Christopher McFadden and Judge Trenton Brown, who concurred in judgment only.

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