Mirena MDL, et al. v. Bayer Healthcare Pharmaceuticals, Inc., et al.

Whether party admissions under Federal Rule of Evidence 801 are equal to all other admissible evidence under such rules and may be utilized equally, with the same evidentiary weight as any other such evidence to prove general causation, particularly in opposing a motion for summary judgment, where all evidence must be viewed in a light which is most favorable to the non-moving party. Whether the district court misapplied Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Rule 702 by substituting its judgment for that of the jury, in excluding the testimony of Plaintiffs’ experts upon grounds that went to the weight of such evidence, rather than its admissibility.