Chapter 9 The End Is Nigh

• Jurisdiction: United States

Chapter 9 The End Is Nigh

Daubert signaled a sea change in the way federal courts address expert witness testimony. No longer approaching expert testimony from the perspective of deference to the relevant expert community, courts must assess whether the qualified expert is providing testimony that (1) will assist the trier of fact, (2) is relevant and (3) is reliable. Although numerous factors have been generated to aid the court in this critical task, the overriding thrust of the dual requirements of reliability and relevance in Daubert is as clear as the requirements are sensible.

First, relevance tests the nature of the fit between the expert testimony offered and the issues in play against the general threshold of expert admissibility: Will the testimony offered assist the trier of fact? Relevance itself requires an understanding of the precise question being asked. Moreover, the requirement of relevance ensures that the fit among the facts, the methodology and the opinion is reasonable.

Second, reliability ensures that an expert's assumptions, exercises in discretion, adjustments, methodology, process and results square with the...