Commercial Litigation and Arbitration

Experts — Good Quotes

From Citizens Prop. Ins. Corp. v. Simkar LLC, 2011 U.S. Dist. LEXIS 109208 (M.D. Fla. Sept. 26, 2011):

Importantly, although rulings on admissibility under Daubert inherently require the trial court to conduct an exacting analysis of the proffered expert's methodology, it is not the district court's role to make ultimate conclusions as to the persuasiveness of the proffered evidence. Quiet Tech. DC-8, Inc. v. Hurel-Dubois UK Ltd., 326 F.3d 1333, 1341 (11th Cir. 2003). Indeed, a district court's gatekeeper role is not intended to supplant the adversary system or the role of the jury. Id. Quite the contrary, vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence. Id. The "overarching" goal of Daubert's gatekeeping requirement is simply to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 (1999).

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