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

FIGURES
S.1. Trends in Challenges to Reliability of Expert Evidence (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)xvi
S.2. Trends in Success Rates of Challenges for Various Criteria (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)xvii
S.3. Trends in Proportion of Evidence Found Unreliable in Various Substantive Areas of Evidence (Case Type and Appellate Circuit Held Constant)xix
2.1. Change in Proportion of Challenged Evidence Found Unreliable When Parties Proposing and Challenging Expert Evidence Do Not Respond to Change in Reliability Standards11
2.2. Change in Proportion of Challenged Evidence Found Unreliable When Parties Proposing Expert Evidence Respond to Change in Reliability Standards12
3.1. Relation Between Opinions on Expert Evidence in Westlaw and Federal Civil Findings16
3.2. Estimated Number and Percentage of Opinions in Westlaw That Address Challenges to Expert Evidence19
3.3. Distribution of Case Type for Expert Evidence in Different Substantive Areas23
4.1. Frequency with Which Reliability Addressed and Evidence Found Unreliable (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)28
4.2. Frequency with Which Reliability Addressed, by Case Type (Substantive Area of Evidence and Geographic Region Held Constant)30
4.3. Frequency with Which Reliability Addressed, by Substantive Area of Evidence (Case Type and Geographic Region Held Constant)34
4.4. Frequency with Which Evidence Found Unreliable, by Substantive Area of Evidence (Case Type and Geographic Region Held Constant)34
5.1a. Frequency Which Daubert Factors Addressed (Case Type, Substantive Area of Evidence, and Geographic Region Held Constant)42
5.1b. Frequency with Which Evidence Rated Unfavorably on Daubert Factors (Case Type, Substantive Area of Evidence, and Geographic Region Held Constant)42
5.2a. Frequency with Which Other Reliability Factors Addressed (Case Type, Substantive Area of Evidence, and Geographic Held Constant)43
5.2b. Frequency with Which Evidence Rated Unfavorably on Other Reliability Factors (Case Type, Substantive Area of Evidence, and Geographic Region Held Constant43
6.1. Frequency with Which Reliability Addressed and Evidence Found Unreliable (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)50
6.2. Frequency with Which Relevance Addressed and Evidence Found Irrelevant (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)50
6.3. Frequency with Which Expert Qualifications Addressed and Expert Found Unqualified (Case Type, Substantive Area of Evidence, and Appellate Circuit Held Constant)51

-ix-

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