Litigation; expert testimony
Article Abstract:
The US Supreme Court continued the expert evidence ruling of Daubert v. Merrell Dow Pharmaceuticals in Kumho Tire Co. v. Carmichael by extending the reliability analysis and abuse-of-discretion review to all proferred expert evidence and by permitting the exclusion of such evidence whenever its factual basis is sufficiently called into question. The majority opinion teaches that the judge must make a detailed examination of the discovery record for evidence of unreliability.The plaintiffs' bar will surely criticize Kumho as usurping the function of the jury.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Daubert doesn't end debate on experts
Article Abstract:
The US Supreme Court has rejected the Frye 'general acceptance' standard for the admission of expert evidence in Daubert v. Merrell Dow Pharmaceuticals, Inc. The issue in the case was whether the 1975 Federal Rules of Evidence 702 standard of relevance and reliability supplanted Frye. The court decided that it did and also gave four guidelines dealing with scientific validity to be used. The Daubert holding leaves more to the individual judge's discretion than was the case under Frye.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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'Daubert' has made lawyers act professionally
Article Abstract:
The Supreme Court's forthcoming ruling in the products liability case of Kumho Tire Co. v. Michael promises to be another blow against 'junk' products liability evidence. The The expert witness problem has gone so far that there are services geared towards the plaintiff or the defendant, but case law also now states clearly that expert witnesses' methodology must be accepted in the scientific community.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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