8th Circuit Upholds Statistician's Testimony

The Eighth Circuit has upheld a trial court's decision admitting expert statistical testimony in a commercial dispute involving a breach of contract. The defendant complained that the expert's analysis did not conform to the standards in the Federal Judicial Center's Reference Manual on Scientific Evidence (2d). But the Eighth Circuit panel rejected that argument. "It goes without saying," the appellate court said, "that the Manual does not have the force of law, nor are judges required to follow it." Quoting from the Manual's introductory material, the court said the Manual's reference guides "are not intended to instruct judges concerning what evidence should be admissible or to establish minimum standards for acceptable scientific testimony."

See Marvin Lumber & Cedar Co. v. PPG Indus., Inc., No. 02-2833 (8th Cir. Mar. 23, 2005) (Bye, Bowman, & Beam, JJ.).