Monday, February 20, 2006

Sixth Circuit Upholds Exclusion of Psychological Autopsy

The Sixth Circuit has upheld the exclusion of a psychological autopsy in an employment case. The panel's unpublished decision says the expert relied entirely on anecdotal evidence, failed to review the medical records, and admitted she had never performed a psychological autopsy before. See Halvorsen v. Plato Learning, Inc., No. 05-5325 (6th Cir. Feb. 15, 2006) (Siler, Sutton, & Cook, JJ.).

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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.