9th Circ. Panel Holds Key To Courts' Gatekeeping Function

Law360, New York (January 23, 2014, 2:31 PM EST) -- On Jan. 15, the en banc U.S. Court of Appeals for the Ninth Circuit issued a decision in Barabin v. AstenJohnson Inc. that significantly strengthened and expanded the gatekeeper role of both trial and appellate courts in determining whether to admit expert testimony.[1] 

Under Federal Rule of Evidence 702, before admitting expert testimony, a trial court must determine that the expert is qualified in the relevant field, that the testimony is relevant and that the expert’s methodology is reliable.[2] As the procedural history of Barabin demonstrates, however,...
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