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

CONTENTS
Prefacev
Figuresix
Tablesxi
Summaryxiii
Acknowledgmentsxxiii
1. Expert Evidence and the Challenge for the Courts1
1.1 Evolution of Standards for Admission of Expert Evidence1
1.2 Uncertainthes About Translating Doctrine into Practice4
1.3 Previous Research5
1.4 Contribution of This Study7
1.5 Report Organization8
2. Conceptual Analysis of Daubert's Impact on Disposition of Challenged Evidence and Type of Evidence Challenged9
2.1 Parties Involved in Proposing, Challenging, and Assessing Expert Evidence9
2.2 Change in Proportion of Challenged Evidence Found Unreliable10
2.3 Change in Proportion of Challenged Evidence Excluded13
2.4 Change in Type of Evidence Challenged13
3. Data and Methods15
3.1 Selection of Opinions and Data Extraction15
3.2 Overview of Opinions Analyzed19
3.3 Analytic Approach22
4. Changes in Reliability Standards Since Daubert25
4.1 Trends in Frequency with Which Reliability Is Addressed and Evidence Is Found Unreliable25
4.2 How Judges Interpreted Daubert's Scope32
5. Trends in Factors Entering Into the Reliability Assessment37
5.1 Factors That Enter into the Reliability Assessment37
5.2 Treads in Reliability Factors37
5.3 Role of General Acceptance41
6. Trends in the Other Criteria Used to Assess Expert Evidence47
6.1 Recasting Challenges to Expert Evidence as Challenges Based on Reliability47
6.2 Trends is Relevance, Qualifications, and Other Considerations48
7. Consequences of More-Watchful Gatekeeping53
7.1 Treads in Proportion of Challenged Evidence Excluded53
7.2 Trends in Summary Judgment55
7.3 Treads in Type of Evidence Challenged57
8. Conclusions and Next Steps61
8.1 Summary of Key Conclusions61
8.2 Next Steps64

-vii-

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