Abstract

The U.S. Supreme Court’s ruling in Kumho Tire Co. v. Carmichael (1999) established that the factors set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) concerning the admissibility of expert testimony applies to technical testimony, including social science disciplines like economics. (Berger, 2000) As a result of these rulings, the trial court is obligated to play the role of “gatekeeper,” deciding which technical testimony is relevant and reliable. The four Daubert factors related to reliability are:

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