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  3. In Roundup Appeal, Ninth Circuit Can Correct Misconception that Close” Daubert Issues Go to Weight, Not Admissibility

In Roundup Appeal, Ninth Circuit Can Correct Misconception that Close” Daubert Issues Go to Weight, Not Admissibility

October 19, 2020 in In The News

Washington Legal Foundation | Evan M. Tager and Jonathan S. Klein

Despite Daubert’s mandate that district courts must scrutinize expert testimony to ensure that juries hear only reliable and relevant expert testimony, in practice the courts often treat important questions of reliability as matters for cross examination. The courts often let juries hear unreliable expert testimony under the mistaken view that, in seemingly close cases, Daubert and Federal Rule of Evidence 702 effectively tip the scales in favor of admissibility (for example, through a so‑called “presumption in favor of admissibility”).

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November 10, 2020
Hardeman
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Five-Point Plan to address potential future Roundup™ claims

Bayer today provided an update on its five-point plan to address future Roundup™ litigation risk after its May 27th decision to withdraw from the national class process. The company is now in more control of important aspects of the risk mitigation process and has sketched out two basic scenarios going forward to provide a path to closure of this litigation. The first scenario is based on obtaining a favorable decision by the United States Supreme Court on a cross-cutting issue like federal preemption which would effectively and largely end the U.S. Roundup™ litigation. The second scenario assumes that the Supreme Court either declines to hear the Hardeman case or issues a ruling in favor of plaintiff – in that case the company would activate its own claims administration program.

Read about the five-point plan here.

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