Cases using phrasing similar to:
"As circumstantial evidence, McClave's data and testimony need not prove the plaintiffs' case by themselves; they must merely constitute one piece of the puzzle that the plaintiffs endeavor to assemble before the jury."
In Daubert, the Supreme Court set forth a list of factors that may guide the trial judge's Rule 702 decision as to whether expert testimony might reliably assist the factfinder, including: whether a theory or technique can be or has been tested; whether a theory or technique has been subjected to peer review or publication; whether a theory or technique has gained widespread acceptance within a relevant community of experts, or, rather, has been unable to garner more than minimal support; and the known or potential rate of error of a technique, and the existence and maintenance of standards controlling the technique's operation. ... While Kumho affirmed the potential applicability of the Daubert factors to testimony that is technical-, engineering-, or experience-based, the Kumho Court also made it clear that a trial court should tailor its Rule 702 evaluation to the particular circumstances before it, and that the Daubert-type analysis should not be used to disfavor expert testimony grounded in experience or engineering practice rather than in pure scientific theory:
District Court Decision: Excluded
In response to a motion by DynCorp, the district court treated these materials as expert opinion evidence, see Fed.R.Evid. 702, and struck portions of the materials which it deemed inadmissible under the test set forth in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and its progeny. ... Admission is proper if "(1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable as determined by the sort of inquiry mandated in Daubert; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue."Helicopter components Fracture mechanics
(Pl.'s Daubert Ex. 69.) Defendant's expert, Dr. Rubinfeld, agrees. ... ACCORDINGLY, the Court GRANTS IN PART AND DENIES IN PART Defendant Beaulieu of America's Motion to Exclude Testimony of David R. Kamerschen and James T. McClave , GRANTS IN PART AND DENIES IN PART Motion by Defendants Mohawk Industries, Inc., and Aladdin Mills, Inc., to Exclude Expert Testimony of Dr. James T. McClave and Dr. David R. Kamerschen , DENIES Motion of Shaw Industries, Inc., to Exclude Certain Opinions of Dr. James T. McClave , and GRANTS IN PART AND DENIES IN PART Motion of Shaw Industries, Inc., to Exclude Portions of the Testimony of Professor David R. Kamerschen .
Once the district judge considers the relevant Daubert factors, the court may strike that expert's opinion, data and methodology when the methodology or data used makes it more likely than not that (1) the research method was not a reliable indicator of the results to which the expert would testify; (2) where the opinion falls outside the range where experts might reasonably differ [and the jury should decide among the competing points of view of the differing experts]; and (3) where there are no convincing, countervailing "more flexible" factors which operate in favor of admission. ... The "overarching" goal of Daubert's gate-keeping requirement "... is to make certain that an expert, whether basing testimony 1340*1340 upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field."
Consistent with this understanding, the advisory committee notes for Rule 702 explain that the 2000 amendment, while intended as an endorsement of the Daubert conception of the trial judge as gatekeeper, was not intended to codify the specific factors mentioned in Daubert and instead, recognizes that the factors relevant in determining reliability vary depending on the expert testimony. ... As to reliability, Daubert suggests several factors to aid federal judges in evaluating whether a particular scientific theory or study is reliable: (1) its empirical testability; (2) whether the theory or study has been published or subjected to peer review; (3) whether the known or potential rate of error is acceptable; and (4) whether the method is generally accepted in the scientific community.
The Supreme Court in Daubert, 509 U.S. at 595, 113 S.Ct. 2786, stated that "the district court must focus on the principles and methodology employed by the expert, without regard to the conclusions the expert has reached or the district court's belief as to the correctness of those conclusions." ... Vistnes' opinion is reliable pursuant to the standard articulated in Daubert, 509 U.S. 579, 113 S.Ct. 2786 (1993) (In this inquiry, the district court should consider the indicia of reliability identified in Rule 702, namely, (1) that the testimony is grounded on sufficient facts or data; (2) that the testimony "is the product of reliable principles and methods"; and (3) that "the witness has applied the principles and methods reliably to the facts of the case.").
Defendants now move in limine for an order excluding a portion of the testimony of plaintiffs' proposed expert witness, Richard Faust. Faust analyzed arrest data and compared the time it took to process WEF arrestees with the time it took to process non-WEF arrestees.. Faust found that it took longer to process the WEF arrestees and opined that this finding "support[s] the hypothesis that the NYPD purposely took longer to process the WEF arrestees" than non-WEF arrestees. ... He has taught and worked in the area of social sciences and data analysis, has authored articles analyzing data concerning various topics, and has testified as an expert witness in employment, housing, and education discrimination cases.
Tillman responds in a conclusory fashion that "Plaintiffs [sic] would simply assert that the use of such terms in the experts' reports does not constitute a proper basis for a Daubert challenge as these terms do not render the experts incompetent to testify nor does such language establish that the experts' testimony is not reliable." ... It is Tillman's burden to demonstrate that the expert opinions on which she relies satisfy the Daubert standards.
For this litigation, Ms. Smart authored a 14-page expert report in which she opined that Rocky Flats has not had a negative effect on the value of the named Plaintiffs' individual properties or the value of other residential properties in northeast Jefferson County. App. to Pls.' Daubert Mot. (Doc. 1352), Ex. 12 [hereinafter "Smart Report"] at 9, 14. ... My review of the parties' motions to exclude expert testimony is governed by Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and its progeny.
For this litigation, Ms. Smart authored a 14-page expert report in which she opined that Rocky Flats has not had a negative effect on the value of the named Plaintiffs' individual properties or the value of other residential properties in northeast Jefferson County. App. to Pls.' Daubert Mot. (Doc. 1352), Ex. 12 [hereinafter "Smart Report"] at 9, 14. ... My review of the parties' motions to exclude expert testimony is governed by Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and its progeny.