Expert Witness Testimony Rule Changes Would Serve JusticeJanuary 5, 2022 – Bloomberg Law
Federal Rule of Evidence 702, which sets forth the admissibility standard for expert witness testimony, can be one of the most useful weapons in a trial attorney’s arsenal. Because the purpose of Rule 702 is to ensure judges exclude unreliable science from a jury’s consideration, uniform application of the rule is critical.
This is especially true in products liability mass tort and toxic tort cases, which uniquely rely upon expert-driven science and medicine as proof of causation. Even the slightest variation in the application of Rule 702 can profoundly impact the fairness and reliability of jury verdicts, with important ramifications outside the courtroom, such as multimillion-dollar verdicts predicated on unreliable or inadmissible expert testimony.
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