Battle Of The 'Experts': Daubert And Milward

Law360, New York (January 11, 2012, 1:34 PM EST) -- On Jan. 9, 2012, the U.S. Supreme Court denied certiorari in U.S. Steel v. Milward, a Court of Appeals for the First Circuit decision interpreting federal standards for the admissibility of expert witness opinion testimony. The First Circuit’s opinion remains controlling in that circuit, but the implications of the decision are bound to reverberate in product liability cases beyond that forum.

The controversy over Milward stems from the First Circuit’s endorsement of a “weight of the evidence” standard for assessing the reliability of expert testimony on...
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