"Risk Analysis in the Courts: A Roadmap for Risk Analysts"
Menu of 1998 Full-text Online Casebook
(Poster 9)
ELEMENTS OF A CIVIL LAWSUIT
Second Element of Liability:
Causation (Cont.)
APPELLATE REVIEW OF ADMISSIBILITY DECISIONS
*The Supreme Court's New Expert Evidence Trilogy
What Standards Determine the Admissibility of Expert Testimony?
Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S.579 (1993)
expert testimony at issue concerned possible link between drug and birth defects
trial judge must act as gatekeeper to determine whether evidence
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is reliable
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fits issue in the case
for scientific evidence, reliability means developed through the scientific method; factors to consider include:
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testing of methods or theories
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known or expected rate of error
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existence of standards for application of technique
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peer review and publication
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general acceptance
What Standard of Review Applies to Trial Court Admissibility Decisions?
General Electric Co. v. Joiner
522 U.S.136 (1997)
expert testimony at issue was medical/toxicological testimony on cause of plaintiff's lung cancer
trial court excluded experts linking PCB exposure to plaintiff's lung cancer
11th Circuit Court of Appeals reversed, applying "particularly stringent review" to trial courts
exclusion of evidence
U.S. Supreme Court held appellate court must apply deferential "abuse of discretion" standard
of review to trial courts decision; affirmed trial court
What Kinds of Expert Testimony Are Subject to the Daubert Factors?
Kumho Tire Co. v. Carmichael, to be decided in 1998-99 term
tire failure expert testified on cause of blowout
trial court excluded evidence, applying Daubert factors
11th Circuit held testimony not subject to Daubert standards for scientific evidence the Supreme Court's decision may impact the applicability of Daubert to:
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engineering testimony
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handwriting analysis
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medical testimony
[Poulter]
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Copyright © 2000.
John Applegate and Wendy Wagner.
Last modified September 27, 2000