Daubert v. Merrell Dow Pharmaceuticals

(redirected from Daubert factors)
A lawsuit by brought by J. Daubert, who was born with limb-reduction defects, alleging that the cause of his disability was Bendectin, produced by Merrell Dow Pharmaceuticals
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14, 2011) ("the inquiry required by Daubert is meant to be a 'flexible one,' and expert testimony which does not meet all or most of the Daubert factors may still be admissible based on the specific facts of a particular case"); Nelson v.
209) The judge used the Daubert factors to make a policy judgment about intelligent design.
57) The Daubert factors, which are exemplary rather than exhaustive, are (1) whether the technique or theory can be or has been tested, (2) whether the technique or theory has been subjected to peer review and publication, (3) what the known or potential rate of error of the technique or theory is when applied, (4) whether standards are maintained to control the technique's operation, and (5) whether the technique or theory has been generally accepted in the relevant scientific community.
98) The Daubert opinion lists several factors germane to the question of whether or not proffered evidence constitutes admissible "scientific knowledge", or more commonly known as the Daubert factors.
Courts often do not critically apply the Daubert factors but merely accept toolmark or ballistics identification as scientifically reliable.
4) Where an evaluation of deception detection based on the original Daubert factors is vague and provides the gatekeeper insufficient guidance, applying the approach proposed in this article affords the trial judge a set of analytical steps to craft a decision persuasive to both counsel and the appellate bench.
The now famous Daubert factors are: (1) testing; (2) peer
A previous article in The Appraisal Journal considered cases in which the Daubert factors were applied to the methodology used when the valuation of real estate was an issue.
29) The question before the Court was whether the Daubert factors could be applied to non-scientific experts.
Surveys (17) and case law (18) have demonstrated that judges have a poor judicial understanding of the Daubert factors, which in many ways requires an unrealistic working knowledge of the philosophy of science.