Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Psychological Disorders: Understanding the Criteria for Admissibility of Expert Opinion
Psychologists, psychiatrists, and licensed social workers routinely testify as experts in both criminal and civil cases in which the mental condition of an individual is at issue. While the credentials and qualifications of such experts may not always be subject to challenge, the reliability and relevance of their proffered testimony should be examined closely. Regardless of the conclusion generated, the inquiry into a mental health professional's opinion must be one that looks to the principles and methods used, not the ultimate conclusion reached. Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579, 595 (1993).
As with all experts, the testimony of mental health professionals must meet the minimum requirements established in Daubert and Kuhmo Tire Co. v. Carmichael, 526 U.S. 137 (1999) and their progeny. The test of admissibility is not whether a particular scientific opinion has the best foundation or is demonstrably correct; rather, it is whether the “particular opinion is based on valid reasoning and reliable methodology.” Oddi v. Ford Motor Co., 234 F. 3d 136, 146 (3d. Cir. 2000) (quoting Kannankeril v. Terminix Int'l, Inc., 128 F. 3d 802, 806 (3d Cir. 1997). Moreover, a court may admit questionable testimony if it “falls within 'the range where experts might reasonably differ, and where the jury must decide among conflicting views …'” S.M. v. J.K., 262 F. 3d 914, 921 (9th Cir. 2001) (quoting Kuhmo, 526 U.S. at 153). As “'mental health professionals involved in everyday practice may disagree more than half the time even on major diagnostic categories such as schizophrenia and organic brain syndrome'” ' courts are especially loathe to exclude their expert opinions. Id. (quoting Christopher Slobogin, Doubts about Daubert: Psychiatric Anecdata as a Case Study, 57 Wash. & Lee L. Rev. 919, 920 (2000)). There are numerous state and federal court opinions that discuss the admissibility of expert opinions from mental health professionals. This article will examine some of those decisions and discuss the evidentiary issues to watch for when evaluating the proffered testimony of psychiatrists and other mental health professionals.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.