Daubert

Term: DaubertDefinition: A legal standard used to assess the admissibility of expert witness testimony in federal courts, focusing on the reliability and relevance of the scientific evidence presented.Phonetic Pronunciation: (DAW-bert)Origin: The Daubert standard originates from the 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc. This ruling shifted the criteria for admitting expert testimony from the previously used Frye standard, which focused on general acceptance in the scientific community, to a more rigorous evaluation of the methodology and principles underlying the testimony.Significance in Asbestos Context: In asbestos litigation, the Daubert standard is crucial as it governs the admissibility of expert testimony regarding the causation and impact of asbestos exposure. Lawyers must ensure that their expert witnesses meet the Daubert criteria to effectively present scientific evidence linking asbestos to specific health conditions in court.Example Sentence: In the asbestos lawsuit, the judge applied the Daubert standard to determine whether the plaintiff's expert's testimony on the link between asbestos exposure and mesothelioma was admissible.Related Terms: Frye standard, expert witness, admissibility, scientific evidence, causation.Notes: - The Daubert standard applies to federal courts, while some state courts may still use the Frye standard or a hybrid approach. - The standard involves a multi-factor test, including whether the theory or technique can be tested, has been peer-reviewed, has a known error rate, and is generally accepted in the relevant scientific community. - Misconceptions may arise about the automatic exclusion of novel scientific evidence; Daubert allows for the consideration of new methodologies if they meet the reliability criteria.