2nd Circuit: Federal Rules, Not State Evidence Rules Apply To Expert Admittance

Mealey's (October 7, 2021, 10:45 AM EDT) -- NEW YORK — A lower district court improperly excluded an expert witness retained by a couple who maintains that E.I. du Pont de Nemours & Co. caused the husband to develop cancer because the judge relied on a state court evidence ruling when the federal evidence rule applied, the Second Circuit U.S. Court of Appeals said Oct. 6, reversing the summary judgment award and remanding the case for trial....