Tuesday, September 19, 2006

Delaware Supreme Court Upholds Exclusion of Dermal Absorption Testimony in Benlate Case

This past Friday, the Delaware Supreme Court issued an opinion upholding the exclusion of plaintiffs' expert testimony on the dermal absorption of Benlate. The witness lacked the expertise, the court said, to choose among competing models of dermal absorption, and his failure to consult existing studies on the issue rendered his methodology unreliable. See Bowen v. E.I. DuPont de Nemours & Co., Inc., No. 580, 2005 (Del. Sept. 15, 2006).

posted by pn at 9:43 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.