Friday, April 01, 2005

2d Circuit Upholds Damages Expert in False Advertising Case

In an unpublished opinion, the Second Circuit has upheld the trial court's decision admitting testimony from the damages expert for Playtex in its false advertising suit against Procter & Gamble. See Playtex Prods., Inc. v. Procter & Gamble Co., No. 03-7651-cv (2d Cir. Mar. 28, 2005) (Sotomayor, Raggi, & Hall, 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.