Wednesday, March 03, 2004

Daubert and Popcorn

Trial began yesterday in one of several cases involving workers who allegedly contracted lung disease from exposure to the chemicals used to add fake butter flavoring to microwave popcorn during its manufacture. Plaintiff's counsel promises "world-class research." Health officials say microwaving the popcorn at home won't hurt you. The St. Louis Post-Dispatch has the story.
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.