Peer Review Can’t Save “Junk Science” from FRE 702 Judicial Gatekeeping – In re: Roundup Court Excludes Expert Whose Opinions Had Been Published in Peer-Reviewed Literature

When tasked with assessing the admissibility of expert testimony under Federal Rule of Evidence 702, courts often cite the so-called Daubert factors as criteria that guide the inquiry. Among those factors is “whether the [expert’s] theory or technique has been subjected to peer review and publication.” Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993)……
By: Faegre Drinker Biddle & Reath LLP