Our civil justice system is intended to resolve issues among parties & provide clarity on the law. But in this situation, the 3rd Circuit failed to do either.
Many courts have lax standards for evidence and judges who abandon their role as gatekeepers, resulting in an abundance of “junk science” evidence presented to jurors. This is especially common in litigation regarding the glyphosate-based Roundup weed killer and talcum baby powder.
ATRA supports implementation of Federal Rule of Evidence 702 in courts, requiring that theories must be based on sound scientific method. The Rule 702 standard is utilized in the federal court system and by a majority of states. Further, ATRA believes judges must follow applicable laws regarding evidentiary standards if they are in place in their state.
Judges should allow juries to hear all scientific evidence and determine the validity of what is presented.