Saturday, April 29, 2006

Cupp on Daubert and Products Liability

Courtesy of TortsProf Blog, we've learned of a paper by Richard L. Cupp, Jr., associate dean and professor at Pepperdine School of Law, entitled "Believing in Products Liability: Reflections on Daubert, Doctrinal Evolution, and David Owen’s Products Liability Law" -- a fascinating and thought-provoking look at the symbiotic relationship between Daubert and products liability doctrine.

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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.