Monday, March 29, 2004

Prof. Bernstein on Expert Evidence in Asbestos Cases

The prolific Professor Bernstein has authored a law review article, forthcoming in 31 Pepperdine L. Rev. 11 (2003), entitled "Keeping Junk Science Out of Asbestos Litigation." The SSRN abstract can be viewed, and the article itself downloaded, here. Thanks to Volokh, et al., for the info.
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.