Sunday, February 05, 2006

Judge Excludes Plaintiff's Causation Testimony in Vioxx MDL Trial

As Newsday and other sources are reporting, U.S. District Judge Eldon E. Fallon has issued a ruling excluding causation testimony from one of plaintiff's experts in a forthcoming Vioxx MDL trial. Here's a copy of the opinion in In re Vioxx Prods. Liab. Litig., MDL No. 1657 (E.D. La. Feb. 2, 2006).

posted by pn at 2:05 AM  

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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.