Use and attack on expert testimony in toxic substances litigation∗

Expert testimony is available in cases where persons, qualified through skill, knowledge, experience, education or training can be helpful to the trier of the facts in coming to a determination. Historically, courts have given experts wide latitude with respect to their qualifications as well as to the bases of their opinions. Recently, some courts, because of concern about a developing body of “professional experts”, are taking steps to more carefully survey the opinion of experts before permitting their testimony to get to the jury. Both the historical development and some of the recent decisions are discussed.