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Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor

Although the Ninth Circuit did not rule that extra-judicial circumstances should be added to the four Supreme Court Daubert 'factors,' there is, nevertheless, superficial support by some courts in dicta that <i>Daubert II</i> held that an extra-judicial opinion is more reliable than one born out of the litigation. A closer look at this idea will reveal it is not one that should be adopted as a factor.

12 minute read December 27, 2007 at 10:37 AM
By
Lawrence Goldhirsch
Extra-Judicial Opinions: The Argument Against a Fifth Daubert Factor

In Daubert v. Merrell Dow Pharmaceuticals,

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