Flunking The Untested Hypothesis: Tamraz V. Lincoln
November 3, 2010, 1:17 PM EDT
Law360, New York (November 3, 2010, 1:17 PM EDT) -- The admissibility standard for expert testimony continues to mature. In Tamraz, et al. v. Lincoln Elec. Co., et al., ___ F.3d ___, 2010 WL 3489002 (6th Cir. Sept. 8, 2010), the Sixth Circuit vacated a $20.5 million jury verdict and ordered a new trial owing to the erroneous admission of an untested scientific hypothesis concerning causation.
Dealing directly with the admissibility of expert testimony under Federal Rule of Evidence 702 (2010), Tamraz draws a clear distinction between the admissibility of opinions about the diagnosis of a...