Sunday, April 10, 2005

2d Circuit Affirms Exclusion of Business Ethics Testimony

The Second Circuit has affirmed the trial court's exclusion of testimony from an expert witness who proposed to opine, on behalf of the defendant in a libel case, that the plaintiff's conduct was a violation of business ethics and amounted to extortion. See DiBella v. Hopkins, No. 03-7012 (2d Cir. Apr. 4, 2005) (Cardamone, McLaughlin, & Wesley, 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.