What Is “Good Science” In Litigation?

Current practice in using expert testimony in litigation requires attorneys apply Daubert and/or Frye standards to the proffered evidence in order for the court to determine the reliability – and thus admissibility – of a given expert’s opinions on the matter at issue. The inherent problems involved in judges acting as “gatekeepers” of what scientific evidence should be considered by a jury has been written about and litigated extensively. One highly respected commentator advances the use of peer review as a tool for litigators to bring credible and mainstream science to the courtroom.

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By Vorys, Sater, Seymour & Pease, LLP.