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Cases using phrasing similar to:
"See In re Rasbury, 24 F.3d 159, 168 (11th Cir.1994) ("An abuse of discretion standard differs from a de novo standard of review" because "the abuse of discretion standard allows a range of choice for the district court, so long as that choice does not constitute a clear error of judgment.") (citation and internal quotations omitted)."
District Court Decision: Excluded In Part, Admitted
Appellate Court Decision: Affirmed
In Daubert, the Supreme Court suggested that a trial court assessing the reliability of proposed scientific testimony might consider, among others, the following factors: (1) whether the theory or technique underpinning the expert's opinion "can be (or has been) tested"; (2) whether the theory or technique "has been subjected to peer review and publication"; (3) whether, with respect to particular theory or technique, there is a high "known or potential rate of error," and whether there are "standards controlling the technique's operation"; and (4) whether the theory or technique enjoys "general acceptance" within the "relevant scientific community." ... In Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), the Supreme Court "assign[ed] to the trial judge the task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand."Heuristics Applied sciences Rape Retailing Secondary sexual characteristics