Friday, December 10, 2004

5th Circuit Upholds Exclusion of Cancer Causation Testimony

The Fifth Circuit has published a decision upholding the trial court's exclusion of an expert's opinion that inhalation of thorium dioxide caused plaintiff's lung and throat cancer. See Burleson v. Texas Dep't of Criminal Justice, No. 03-50650 (5th Cir. Dec. 9, 2004) (DeMoss, Stewart, & Clement, JJ.).

posted by pn at 4:43 PM  

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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.