Tager_09181Featured Expert Column: Judicial Gatekeeping of Expert Evidence

By Evan M. Tager, Mayer Brown LLP, with Carl J. Summers, Mayer Brown LLP

*This is the inaugural post for the WLF Legal Pulse’s newest Featured Expert Contributor, Evan M. Tager, a Partner with Mayer Brown LLP in its Washington, DC office. We are pleased to have him join our six other Featured Experts and look forward to publishing his commentary on judicial and other developments related to the admissibility of  expert evidence.

Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., district courts serve as gatekeepers for the admission of expert testimony. District courts often have wide discretion in this realm, sometimes holding Daubert hearings, sometimes not. So how, in light of this discretion and faced with a cold record, can a court of appeals determine whether a district court adequately performed its gatekeeping duties?