Tuesday, December 28, 2004

1st Circuit Upholds Statistical Evidence in Discrimination Case

The First Circuit has upheld the trial court's decision admitting plaintiff's expert statistical testimony in an age discrimination case. See Currier v. United Techs. Corp., No. 04-1696 (1st Cir. Dec. 22, 2004) (Lipez, Coffin, & Cyr, 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.