Initially the first circuit focused on the standards of daubert kumho stating that this type of expert testimony is subject to a daubert review that the trial judge has broad latitude in determining the admissibility of an expert and that the trial judges decision will only be reversed for an abuse of discretion. Defense counsel on the other hand should take full advantage of daubert and its progeny in attacking unsupported claims for lost future profits there is a natural and understandable belief among many defense lawyers that devoting substantial time at trial to attacking a plaintiffs damage claim can often backfire. The judge as gatekeeper daubert and the admissibility of scientific evidence commentaries on daubert and its progeny v applications by trial and appellate courts vi statements and opinions included should not be attributed to louisiana state university law center its administration or governing boards this website is public and . Before daubert in response to the above concern judges shaped their gatekeeping roles in order to prevent the jury from hearing questionable expert testimony in 1985 judge weinstein addressed the claims of vietnam veterans who opted out of the class created in the agent orange litigation. The trial judge as gatekeeper for scientific evidence school of law chair state practice and procedure committee of the national conference of administrative law judges malformations in fetuses2 based on the experts review of more than thirty published studies the expert concluded that bendectin had not been shown to be a risk
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