Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether the factual underpinnings of the opinion are sound, or the conclusions correct, but rather by the relevancy and reliability of the methods applied in forming said opinion. The United States District Court for the Northern District of Illinois recently illustrated these principles in Johnson v. Orton.

Continue Reading Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of Asbestos Exposure

A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was Daubert-less, thus improper and warranted new trials.
Continue Reading New Jersey Talc Verdicts Overturned on Appeal for Daubert-Less Expert Opinions