Since The Daubert trilogy of Untied States Supreme Court decisions -? Daubert, Joiner, and Kumho Tire, codified in Federal Rule of Evidence 702 — established new rules for the admissibility of expert witness evidence in federal court, appellate decisions have been rare that overrule a federal district court’s exclusion of expert witness testimony on Daubert grounds. However, in this decision emanating from an appeal in a legal malpractice case, the Seventh Circuit Court of Appeals has reversed the district court’s Daubert-based exclusion of testimony from a civil engineering and human factors expert who contended that Cook County failed to maintain a road appropriately and that such failure caused the accident at issue in the litigation underlying the malpractice case. Although the Seventh Circuit remanded the Daubert issue for the district court to resolve, the Court criticized the district court’s failure to explain how it applied the Daubert factors to exclude the expert’s testimony and strongly intimated that the testimony was well-defended and should be admissible.
A New 7th Circuit Daubert Decision
From the weblog Houston’s Clear Thinkers comes news of a 7th Cir. Daubert case: [T]he Seventh Circuit Court of Appeals has reversed the district court’s Daubert-based exclusion of testimony from a civil engineering and human factors expert who contende…