Monday, October 13, 2003

Update: Trial Judge Excludes IBM's "Corporate Mortality File"

To follow up on an earlier post, the San Jose Mercury News reports that the trial judge in the pending toxic tort action against IBM in Santa Clara has ruled that IBM's "corporate mortality file" will be inadmissible, because irrelevant and not helpful to the trier of fact.

posted by pn at 3:16 PM  

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.