Monday, July 10, 2006

Truth, Falsehood to Grapple at Point of Law

We're flattered to have been invited to participate, along with Ted Frank, in a "Featured Discussion" this week, starting tomorrow, at Point of Law. The topic (or the topical point of departure, at least) will be Ted's proposal to adopt some analogue to the "business judgment rule" in medical malpractice cases. We'd love to tell you who'll be standing up for truth, and who'll taking up the cudgels on behalf of falsehood, but we're still negotiating with Point of Law on that question.


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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.