Commercial Litigation and Arbitration

Experts — A Different Standard May Be Applied to Guns for Hire

From Edmons v. Home Depot, USA, Inc., 2011 U.S. Dist. LEXIS 3811 (D. Or. Jan. 14, 2011):

[T]here is a presumption that where an expert's report is prepared for litigation, "the party proffering it must come forward with other objective, verifiable evidence that the testimony is based on 'scientifically valid principles.'" [Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1317-18 (9th Cir. 1995) ("Daubert II")] (internal citations omitted). Although "[s]uch an expert is not [to] be accorded a presumption of unreliability, [] the party proffering the expert must show some objective proof - such as the expert's extensive familiarity with the particular type of machine in question . . . ." Johnson v. Manitowoc Boom Trucks, Inc., 484 F.3d 426, 435 (6th Cir. 2007) (citing Daubert II). In other words, where an expert "is a 'quintessential expert for hire,' then it seems well within a trial judge's discretion to apply the Daubert factors with greater rigor." Id.

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