Commercial Litigation and Arbitration

The Importance of Rule 403 in Evaluating Expert Testimony — Good Quote

From Brown v. Nat’l R.R. Passenger Corp., 2011 U.S. Dist. LEXIS 33216 (S.D. Miss. Mar. 28, 2011):

[I]f an expert's testimony survives the threshold scrutiny under Rule 702, it is subject to further review under Rule 403. See Daubert, 509 U.S. at 595; Brock v. Caterpillar, Inc., 94 F.3d 220, 226 (6th Cir. 1996). "[E]xpert evidence can be both powerful and quite misleading . . . [Rule] 403 . . . exercises more control over experts than over lay witnesses." Daubert, 509 U.S. at 595. To this end, an expert opinion's "lack of reliable support may render it more prejudicial than probative, making it inadmissible under [Rule] 403." Viterbo v. Dow Chem. Co., 826 F.2d 420, 422 (5th Cir. 1987).

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