IADC Members Andrew Chamberlin and Brigid Carpenter Received Rulings Excluding Plaintiff’s Liability Expert and Selective Opinions of Plaintiff’s Surgeon in a Product Liability Case Pending in the Eastern District of Tennessee

On December 13, 2023, IADC members Andrew Chamberlin, IADC Past President and partner at Ellis & Winters LLP, and Brigid Carpenter, a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, received rulings excluding plaintiff’s liability expert and selective opinions of plaintiff’s surgeon, as well as striking portions of the supplemental affidavit testimony of plaintiff’s liability expert, in a product liability case pending in the Eastern District of Tennessee. Coming days after the amended version of Rule 702 went into effect, this ruling confirms that a party seeking to introduce expert testimony bears the burden of meeting the burden of proof on reliability for each element of Rule 702. Notably, the motion hearing including live direct and cross-examination of the key liability expert.