Daubert And Product Liability: Mid-2017 Update — Part 1

By Max Kennerly (July 17, 2017, 11:00 AM EDT) -- I've written about the U.S. Supreme Court's Daubert opinion before, tagging it with the label "junk science." The phrase "junk science" never actually appeared in Daubert, but rooting it out has been the animating concern behind the application of Daubert. See, e.g., Amorgianos v. National RR Passenger Corp., 303 F. 3d 256, 267 (2nd Cir., 2002) ("The flexible Daubert inquiry gives the district court the discretion needed to ensure that the courtroom door remains closed to junk science while admitting reliable expert testimony that will assist the trier of fact.")....

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