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Evaluating the Experts

By ALM Staff | Law Journal Newsletters |

The U.S. Supreme Court, in its landmark Daubert decision (Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)), established an empirical standard of evidentiary reliability to ensure that only those expert opinions predicated upon demonstrably valid knowledge would make their way into evidence. Daubert further instructed that when the expert testimony comes from a discipline that purports to be scientific, as does psychology, evidentiary reliability translates to a standard of scientific validity.

The Court delineated four factors to guide the trial judge when he or she, acting as gatekeeper, assesses the scientific validity of the principles and methods underlying the expert's opinion. The two primary factors, which require direct assessment of scientific validity, are testability/falsifiability, and error rate/practice standards analysis. Daubert also identified two secondary or indirect assessment criteria that may assist the court in discharging its gatekeeping obligation: 1) peer review/publication; and 2) general acceptance.

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