Torts I

Daubert Test

The Daubert Test establishes the judge as the "gatekeeper" of expert testimony.

In determining the validity of expert testimony, the court must evaluate a two-prong test:

1. Reliability prong

   • Determine whether the expert testimony reflects "scientific knowledge," whether it is "derived by the scientific method," and whether the work amounts to "good science."

2. Relevance prong

   • Also known as the "fit" requirement
   • The proposed expert testimony must be "relevant to the task at hand" by advancing a material aspect of the proposing party's case.