In Roundup Appeal, Ninth Circuit Can Correct Misconception that Close” Daubert Issues Go to Weight, Not Admissibility
Washington Legal Foundation | Evan M. Tager and Jonathan S. Klein
Despite Daubert’s mandate that district courts must scrutinize expert testimony to ensure that juries hear only reliable and relevant expert testimony, in practice the courts often treat important questions of reliability as matters for cross examination. The courts often let juries hear unreliable expert testimony under the mistaken view that, in seemingly close cases, Daubert and Federal Rule of Evidence 702 effectively tip the scales in favor of admissibility (for example, through a so‑called “presumption in favor of admissibility”).