Many courts have lax standards for evidence and judges who abandon their role as gatekeepers, resulting in an abundance of “junk science” presented to jurors.
Why It’s a Problem
Junk science is especially common in mass tort litigation regarding the glyphosate-based roundup weed killer and talcum baby powder.
Juries and judges should have access to the most complete and accurate evidence during trials and be presented with scientifically and factually accurate information to allow them to make well-informed decisions.
What Can Be Done
Support 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.
Judges must follow applicable laws regarding evidentiary standards if they are in place in their state.
News on Junk Science
March 8, 2023 Washington Examiner Op-Ed: The 3rd Circuit’s bankruptcy gift to the trial bar
January 9, 2023 Agri-Pulse Op-Ed: Trial lawyers target agriculture products in ‘Judicial Hellholes’
October 10, 2022 Washington Times Op-Ed: Monsanto’s triumph over junk science
September 28, 2022 Bloomberg Law Op-Ed: When Plaintiffs’ Attorneys Mislead the Public
June 23, 2020 Press Release – Federal Judge Takes Stand Against Junk Science in California