Wednesday, July 23, 2003

The Kiss of Death

According to CNN, some litigators involved in a toxic tort suit have decided it would be a good idea to call Jack Kevorkian as an expert on "the effects of mercury on humans."

The story doesn't say whose side Kevorkian would take. But assuming he would testify for plaintiffs, the Rule 403 issues are fascinating. For instance, what if the very identity of your expert is calculated to persuade the jury that defendants are merchants of death?

posted by pn at 4:56 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.