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emailjanum

11/27/10 8:32 PM

#24094 RE: emailjanum #24093

The burden of demonstrating that expert testimony is competent,
relevant and reliable rests with the proponent of the testimony.
Kumho, 526 U.S. at 147-52.
d. A trial court has wide discretion in determining the admissibility of
expert testimony. In reviewing a trial court’s decision about how
to determine reliability and admissibility of expert testimony, a
court of appeals is to apply an abuse of discretion standard.
Kumho, 526 U.S. at 152; Palmacci v. Umpierrez, 121 F.3d 781,
792 (1st Cir. 1997); Bogosian v. Mercedes-Benz of North America, Inc., 104 F.3d 472, 476 (1st Cir. 1997).

http://www.abiworld.org/committees/newsletters/consumer/vol7num1/Lets_Litigate.pdf