Applying the Daubert standard in federal cases

Description

Abstract: More than 25 years after the U.S. Supreme Court affirmed judges’ roles to act as gatekeepers against “junk science,” hundreds of experts are still being challenged under Daubert each year. This article provides examples of how federal courts evaluate the expert’s qualifications, as well as his or her methodology based on four factors: testing, peer review, error rate and acceptability. Daubert v. Merrell Dow Pharmaceuticals Inc., 113 S.Ct. 2786, June 28, 1993 Rover Pipeline LLC v. 10.55 Acres of Land, 2018 U.S. Dist., Case No. 5:17-CV-239, 2018 WL 4386024, Sept. 14, 2018