District court judges, exploring their role as 'gatekeepers' of scientific testimony, discover there are no simple formulas

Article Abstract:

The US Supreme Court's decision in Daubert v Merrell Dow Pharmaceuticals in 1993 increases trial courts' responsibility and discretion in determining the admissibility of scientific evidence. The high court ruled that based on Federal Rule of Evidence 702, courts should apply a two-prong test to novel scientific evidence. First they must decide whether the testimony pertains to scientific knowledge, then whether it will help the jury. Courts have not found it easy to apply this test, but it creates a hurdle for plaintiffs.

Judges, Testimony, Powers and duties, Evidence, Scientific, Scientific evidence (Law)

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Should products liability cases be permitted to proceed as class actions? Many courts have said no, refusing to certify the class

Article Abstract:

Recent products liability decisions suggest that the courts are unwilling to let such cases proceed as class actions in the absence of specific evidence showing that the rules for class certification have been followed. A case which involves various state laws is unlikely to be certified as a class. The US Court of Appeals for the 6th Circuit decertified In re American Medical Systems, Inc. as a class, ruling that there was no factual support for class certification.

Management, Class actions (Civil procedure), Class action lawsuits

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While most courts do not hold bulk suppliers of component parts liable for their customers' use, analyses vary significantly

Article Abstract:

The courts have different reasons for maintaining that bulk suppliers of component parts are not liable for their customers' use. The best situation to make the finished product reasonably safe and to provide warnings and instructions which work is held by the manufacturer of the finished product, not the bulk supplier. Case law and Section 5 of the Restatement(3d) of Torts: Products Liability acknowledge this fact.

Laws, regulations and rules

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