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Expert Witnesses Litigation Products Liability

Unreliable Methodologies Doom Neck Brace Experts

A U.S. Magistrate Judge in Indiana recently excluded the opinions of two experts because they did not meet the "reliability" criteria specified in Federal Rule of Evidence 702 and the famous Daubert decision. The rulings doomed the badly injured plaintiff's claim because summary judgment in favor of the defendant quickly followed.

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A few months ago, a U.S. Magistrate Judge in Indiana excluded the opinions of two experts because they did not meet the “reliability” criteria for expert testimony specified in Federal Rule of Evidence 702 and the famous Daubert decision. (See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).) The rulings doomed the badly injured plaintiff’s claim because summary judgment in favor of the defendant quickly followed. The preclusive ruling on the experts is found at Lyons v. Leatt Corp., 2017 U.S. Dist. LEXIS 148783 (N.D. Ind. Sept. 14, 2017). The summary judgment opinion is found at 2017 U.S. Dist. LEXIS 149046 (N.D. Ind. Sept. 14, 2017).

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