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Nine Years of Joiner: A Review of Appellate Cases Applying the Abuse of Discretion Standard to Daubert Appeals

By Jay P. Mayesh and Oscar Ramallo
May 30, 2007

In General Electric Co. v. Joiner, 522 U.S. 136 (1997), the Supreme Court entrusted district courts with the primary responsibility for applying the Daubert standard for admission of expert testimony. Joiner held that appellate courts could reverse a decision to exclude or admit expert testimony only if the district court abused its discretion. Id. at 143.

Since Joiner was decided, appellate courts have strictly applied its abuse of discretion standard. In the past nine years, federal appellate courts have reversed only 28 decisions to admit or exclude scientific expert testimony on grounds that the district court substantively misapplied the Daubert standard. Thus, a party appealing a decision either to exclude or admit scientific expert testimony faces an uphill battle.

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