Wednesday, January 28, 2004

4th Circuit Affirms Exclusion of Evidence that Benlate Caused Birth Defects

The Fourth Circuit has issued an unpublished opinion, upholding the trial court's exclusion of expert testimony linking the mother's benlate exposure with birth defects, and affirming the consequent award of summary judgment. See Bourne v. E.I. DuPont de Nemours & Co., No. 02-1469 (4th Cir. Jan. 27, 2004) (Widener, Neimeyer, & Gregory, JJ.).

posted by pn at 10:51 AM  

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.