Publication Date


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Survey Article


Daubert inspired appeals again occupied much of the Eleventh Circuit's time during the survey period. As discussed in detail below, the Eleventh Circuit held in Carmichael v. Samyang Tire, Inc. that Daubert applies only to witnesses claiming scientific expertise, a decision which sent parties scrambling as they sought to avoid or to invoke Daubert. However, after the survey period, the Supreme Court reversed the Eleventh Circuit's decision in Carmichael. In Kumho Tire Co. v. Carmichael, the Supreme Court held that Daubert applies to all expert testimony and is not limited to "scientific" testimony. The Court also held that all four Daubert factors (testing, peer review, error rates, and scientific acceptability) need not be satisfied for expert testimony to be admissible. Rather, district courts, in performing their gatekeeping analysis of the reliability of expert testimony, are entitled to great flexibility and their inquiry will be determined by the particular facts of the case.

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