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| Inserra | Kelley | Sewell

The Nebraska Supreme Court provides an analysis about when to exclude expert testimony in a toxic tort FELA case. The opinion reinforces the cases of Daubert and Schafersman in Nebraska; stating that the trial Judge is a "gatekeeper" not a "goalkeeper" in admitting or rejecting expert testimony. The case reinforces the conclusion that expert testimony must be based on scientific methodology and not the conclusions that the experts reach. The opinion accepts the notion that scientists may differ in their conclusions and it is simply the Judge’s job to determine the validity and reliability of how those conclusions are reached.

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