Tuesday, August 09, 2005

Maine Supreme Court Upholds Mold Testimony, Rejects Daubert

In a mold suit brought by home purchasers against the home's manufacturer, the Maine Supreme Court has upheld testimony from the plaintiffs' mold expert. In doing so, the court rejected defendants' invitation to adopt Daubert, but held that the result would be the same, whether under Daubert or the similar test set forth in State v. Williams, 388 A.2d 500 (Me. 1978). See Searles v. Fleetwood Homes of Pa., Inc., 2005 ME 94 (Aug. 5, 2005).


Anonymous Robert Williamson(owners & builders Law) writes ...

Thank you for pointing out this decision to me. My comments on it are over at my blog.

4:44 PM  
Blogger peyush writes ...

This site is very much informative.But i am very new to this site.



Addiction Recovery Maine

4:45 AM  

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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.