Survey Says: Tips On Getting Over the Daubert Hurdle

This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

7 minute read August 01, 2020 at 12:07 AM
By
Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
Survey Says: Tips On Getting Over the Daubert Hurdle

Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. To be admissible, expert testimony must be "relevant to the task at hand" and rest on a "reliable foundation" (Daubert v.

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