The Impact of Admissibility Decisions on Proof of Causation. S. R. Poulter, University of Utah College of Law
Daubert vs. Merrell Dow Pharmaceuticals and its progeny have brought about profound changes in the way federal and state courts treat expert testimony on causation in personal injury cases. A recent study by the Federal Judicial Center shows that Daubert has resulted in more frequent challenges to expert testimony and more frequent exclusions of expert evidence, and there is every reason to conclude that these results apply to causation testimony. Moreover, the admissibility question often is the linchpin in determining whether a case gets to a jury, arguably conflating admissibility and substantive issues. This session will give an overview of how Daubert has been applied to proof of causation and will suggest how courts can avoid some of the problems of both overly stringent and too lenient application of Rule 702.
College of Law Research Fund.
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