In the 15 years since Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the criteria used to determine reliability of opinion evidence under FRE 702 have become a familiar litany.
The Fifth Element: Adding to the Daubert Criteria
Any trial lawyer re-reading <i>Daubert v. Merrell Dow Pharmaceuticals, Inc.,</i> or reading afresh the Ninth Circuit's application of the <i>Daubert</i> standard on remand from the U.S. Supreme Court may be surprised to learn that a fifth reliability element ' often overlooked ' is frequently applicable and very useful.
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