Common Sense and FRE 702: Neither Common nor Sensical?

by Maggie Tamburro Who would have imagined a pair of high heels, a ceramic tile floor, an Australian safety expert, and an outspoken appellate judge could cross paths, offering lessons about expert testimony along the way? So it seems that life – and law – is full of surprises. In a case where unrelated orbits intersect and learned minds differ, a recent dissenting opinion by one 11th Circuit U.S. Court of Appeals judge reveals how essential common sense is when determining admissibility of expert testimony.

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