Originally posted August 9, 2017
In a procedural decision that could keep so-called junk science out of the courtroom, the District of Columbia Court of Appeals adopted an evidentiary standard that places additional scrutiny on testimony from expert witnesses.
The case at the center of the ruling—Motorola v. Murray—raises the issue of whether cellphones cause brain cancer. In total, 29 cases on the subject matter were brought before the Superior Court for the District of Columbia.
The court did acknowledge isolated strands of scientific data that suggest a possible causal connection between cellphone use and brain cancer. But the court ultimately ruled that based on the research to date, there was inadequate data for any scientist to opine on a causal connection between cellphone use and cancer to any degree of scientific certainty.
In spite of this, the plaintiffs offered their own expert testimony to the contrary, arguing that the jury should determine the validity of the testimony.
The article is here.