Tuesday, August 31, 2004

8th Circuit Says Plaintiffs' Regression Admissible but Insufficient in Title VII Case

The Eighth Circuit has ruled that the regression evidence offered by plaintiffs' experts in the race discrimination class action against UPS was admissible but insufficient to defeat summary judgment on the merits. See Morgan v. United Parcel Service of America, Inc., No. 02-2545 (8th Cir. Aug. 30, 2004) (M. Arnold, Beam, & Melloy, JJ.).

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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.