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David Ferrera Quoted on Admissibility Standard for Scientific Testimony in Massachusetts Lawyers Weekly
Print PDFDavid Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, discussed a U.S. magistrate judge ruling that a plaintiff’s expert opinion didn’t meet Daubert standards in Massachusetts Lawyers Weekly. In the article, “Subrogation suit over house fire bounced on summary judgment,” David pointed out that the case exemplifies the concept of judge as gatekeeper under the recent amendments to Rule 702 of the Federal Rules of Evidence.
“Before the amendments to the rules, a judge might punt and say, ‘I’m not going to exclude the only expert because then I’d have to grant summary judgment,’ and let it become a cross-examination issue for the jury. The new rule says you can’t do that anymore,” David said.
