Saturday, August 07, 2004

Daubert and Settlement Approval

In an unpublished opinion, the Ninth Circuit has rejected a claim by objectors to a class settlement that the district court erred by failing to convene a hearing to entertain a Daubert challenge to the forensic economist who estimated the value of company stock in settlement approval proceedings. "[A]ll that was required," said the panel, "was that 'each party [be] given the opportunity to "air its objections" at a reasonableness or fairness hearing.' United States v. Oregon, 913 F.2d 576, 582 (9th Cir. 1990). Such a hearing was held here."

See Renfrew v. Sierra Energy, LLC, No. 02-17386 (9th Cir. Aug. 2, 2004) (O'Scannlain, Siler, & Hawkins, JJ.).

posted by pn at 3:41 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.