Weisgram v. Marley Co., 528 U.S. 440, 6 (2000)

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Cite as: 528 U. S. 440 (2000)

Opinion of the Court

At trial, Weisgram introduced the testimony of three witnesses, proffered as experts, in an endeavor to prove the alleged defect in the heater and its causal connection to the fire. The District Court overruled defendant Marley's objections, lodged both before and during the trial, that this testimony was unreliable and therefore inadmissible under Federal Rule of Evidence 702 as elucidated by Daubert. At the close of Weisgram's evidence, and again at the close of all the evidence, Marley unsuccessfully moved under Federal Rule of Civil Procedure 50(a) for judgment as a matter of law on the ground that plaintiffs had failed to meet their burden of proof on the issues of defect and causation. The jury returned a verdict for Weisgram. Marley again requested judgment as a matter of law, and additionally requested, in the alternative, a new trial, pursuant to Rules 50 and 59; among arguments in support of its post-trial motions, Marley reasserted that the expert testimony essential to prove Weisgram's case was unreliable and therefore inadmissible. App. 123-125. The District Court denied the motions and entered judgment for Weisgram. App. to Pet. for Cert. A28-A40. Marley appealed.

The Court of Appeals for the Eighth Circuit held that Marley's motion for judgment as a matter of law should have been granted. 169 F. 3d 514, 517 (1999). Writing for the panel majority, Chief Judge Bowman first examined the testimony of Weisgram's expert witnesses, the sole evidence supporting plaintiffs' product defect charge. Id., at 518-522. Concluding that the testimony was speculative and not shown to be scientifically sound, the majority held the expert evidence incompetent to prove Weisgram's case. Ibid. The court then considered the remaining evidence in the light most favorable to Weisgram, found it insufficient to support the jury verdict, and directed judgment as a matter of law for Marley. Id., at 516-517, 521-522. In a footnote, the majority "reject[ed] any contention that [it was] required to remand for a new trial." Id., at 517, n. 2. It recognized its

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