After Daubert: discerning the increasingly fine line between the admissibility and sufficiency of expert testimony in antitrust litigation

Article Abstract:

Counsel and courts involved in antitrust cases must be aware of the distinction between sufficiency of evidence under the Federal Rules of Civil Procedure and the admissibility of evidence under the Federal Rules of Evidence. Amendments to Rule 26 of the Federal Rules of Civil Procedure and the Supreme Court's decision in Daubert v. Merrill Dow Pharmaceuticals, Inc. have altered the standards applicable to testimony by economic experts. Recent antitrust cases have demonstrated the Supreme Court's willingness to use summary procedures to resolve conflicting economic testimony.

Laws, regulations and rules, Antitrust law, Testimony

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The "brave new world" of Daubert: true peer review, editorial peer review, and scientific validity

Article Abstract:

The Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc. will clarify questions regarding the introduction of scientific evidence under Federal Rule of Evidence 702 by focusing the inquiry on true peer review. Courts have been concerned that the Daubert ruling would require substantial investigations by the court into scientific scholarship. In fact, what Daubert does is focus the standards for scientific evidence on true peer review, a mechanism that is central to scientific inquiry. The new standard will shift the focus from opinions to methodology.

Case Note, Peer review

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Supreme Court to rule on scientific testimony in Daubert v. Merrell Dow

Article Abstract:

The US Supreme Court has agreed to hear Daubert v. Merrell Dow Pharmaceutical, a case which should determine the standard of admissibility for scientific expert evidence. The Ninth Circuit, which previously heard the case, adheres to a more restrictive, formalistic standard than other courts. Although the case specifically involves products liability, the ruling could affect the admissibility of any form of scientific evidence.

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