Sunday, February 18, 2007

11th Circuit Affirms Exclusion of Mold Testimony

The Eleventh Circuit has issued an unpublished opinion upholding the trial court's exclusion, on summary judgment, of plaintiff's differential diagnosis testimony in a mold case. See Jazairi v. Royal Oaks Apt. Assocs., L.P., No. 06-15389 (11th Cir. Feb. 13, 2007) (Tjoflat, Hull, & Pryor, JJ.).

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posted by pn at 11:16 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.