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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.

13 minute read November 30, 2007 at 01:15 PM
By
John L. Tate And Lucy M. Heskins
The Fifth Element: Adding to the Daubert Criteria

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.

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