The Daubert Basics

In its 1993 Daubert v. Merrell Dow opinion, the United States Supreme Court articulated a new set of criteria for the admissibility of scientific expert testimony and in its 1999 Kumho Tire v. Carmichael opinion, the Court extended Daubert's general holding to include non-scientific expert testimony as well.

Most modern litigation relies upon the testimony of experts and this testimony can play a dispositive role in business litigation. Even after having lost on liability, lawyers are winning cases by using newly available techniques, suggested by Daubert and Kumho Tire, to exclude the expert testimony that links money damages to the act or omission for which their client has been found liable. This site is provided as a resource for business litigators who seek information on current admissibility criteria for expert testimony or scientifically trained legal analysis of particular admissibility questions.

The site contains legal/scientific analysis of the cases, beginning with  Daubert v. Merrell Dow, discussing the Daubert Court's holding and explaining the scientific principles that the Court cites.  That introduction links to a brief discussion of Kumho Tire v. Carmichael, the Court's 1999 extension of Daubert to non-scientific testimony. In-depth discussions of Daubert applications in securities litigation, antitrust and employment discrimination are contained in their respective sections, as is an introduction to some of the statistical and econometric issues that courts are now considering carefully in Daubert hearings. All materials are provided for information purposes only, are not intended as, and cannot be considered, legal advice.

All materials provided here are in the public domain or are used by permission. Cases and secondary materials are prepared carefully, but no representation is made that they are complete or accurate. While all are welcome to browse, no one should ever take any action based upon the information provided here, but should consult legal counsel for analysis of legal issues. DaubertExpert provides services to attorneys only.

Daubert v. Merrell Dow

Kumho Tire v. Carmichael





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