Friday, May 12, 2006

Sixth Circuit Affirms Summary Judgment in Meridia Litigation

The Sixth Circuit has affirmed the district court's award of summary judgment to defendants in the multi-district Meridia litigation. In the course of doing so, it upheld the lower court's exclusion of a pharmacologist's opinion that the elevation in blood pressure caused by Meridia outweighed any health benefits. See In re Meridia Prods. Liab. Litig., No. 04-4175 (6th Cir. May 11, 2006) (Cole, Gilman, & Friedman, 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.