Changes in the Standards for Admitting Expert Evidence in Federal Civil Cases since the Daubert Decision

By Lloyd Dixon; Brian Gill | Go to book overview

TABLES
3.1. Number of Opinions Identified, Examined, and Selected18
3.2. Number of Coded Opinions, Elements of Evidence, and Experts, and Number of Represented Federal Court Districts and Judges20
3.3. Types of Case in Which Expert Evidence Challenged21
3.4. Substantive Areas of Evidence22
4.1. Proportion of Challenged Evidence in Which Reliability Addressed and Proportion Found Unreliable27
4.2. Proportion of Challenged Evidence in Which Reliability Addressed and Proportion Found Unreliable, by Case Type29
4.3. Proportion of Evidence in Which Reliability Addressed and Proportion Found Unreliable, by Substantive Area of Evidence33
5.1. Factors Potentially Entering into the Reliability Assessment38
5.2. Proportion of Evidence Elements in Which Reliability Factors Addressed and Proportion Rated Unfavorably39
5.3. Decisiveness of General Acceptance: Percentage of Evidence Found Unreliable for Different General Acceptance Ratings44
6.1. Treads in Frequencies with Which Different Criteria Addressed and Evidence Rated Unfavorably on Each Criterion49
7.1. Percentage of Time Evidence Excluded when Rated Unfavorably on the Different Criteria54
7.2. Percentage of Challenged Evidence Excluded54
7.3. Frequency with Which Summary Judgment Requested and Granted When Evidence Challenged (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)57
A.1. Case Mix of Challenged Evidence69
A.2. Case Mix for All Federal Cases Pending During Each Time Period69
A.3. Characteristics of Cases in Which Evidence Challenged70
A.4. Characteristics of Challenged Evidence71
A.5. Affiliations of Litigants72
A.6. Characteristics of Experts72
A.7. Criteria Addressed and Evidence Rated Unfavorably73
A.8. Data on Frequency with Which Reliability Factors Addressed and Proportion of Evidence Rated Unfavorably74
A.9. Data on Summary Judgments75
B.1. Logit Model for Reliability of Elements of Evidence79

-xi-

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