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December 2018

“’Not Science at all, But Litigation’: Excluding Results-Driven Expert Opinions”

By Michael W. Hogue, Joseph E. Fornadel, III, Axton Crolley

Product Liability Advisory Council

Courts are increasingly identifying expert opinions that appear to be “results-driven” rather than science-driven. In this article, the authors describe factors that courts often analyze in determining whether an expert’s opinions are based on sound methodology or are driven solely by a desire to advance one party’s position in litigation.