Thursday, April 13, 2006

Cursory Daubert Ruling Abdicates Gatekeeping Function, Says 7th Circuit

A district court's one-sentence ruling, to the effect that a human resources expert had sufficient expertise to testify, abdicated the lower court's gatekeeping function, because it reflected no analysis of the expert's methodology, the Seventh Circuit has held. The error, however, was harmless. See Naeem v. McKesson Drug Co., No. 04-3816 (7th Cir. Apr. 12, 2006) (Flaum, Ripple, & Kanne, JJ.).

posted by pn at 6:45 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.