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The Seventh Circuit Pulls The Ladder Out From Under Design Defect Plaintiffs: Bielskis V. Louisville Ladder And The Limits Of Judicial Discretion In Assessing The Reliability Of An Expert's Methodology, Bevin Carroll

Seventh Circuit Review

As issues in litigation grow more complex, reliance upon expert testimony to establish liability is growing as well, especially in products liability cases. In fact, the Seventh Circuit requires expert evidence to establish liability in most design defect claims, regardless of whether they are brought under the risk utility test or the consumer expectations test.

Under Daubert, trial judges are considered the gatekeepers of expert testimony and have vast discretion in determining whether an expert’s methodology is reliable. This gatekeeping function is intended to be limited in its scope such that it is consistent with Federal Rule of Evidence …