Monday, October 15, 2018

“Connect the dots” not a Daubert doctrine.

Originally published by David Coale.

“The district court also abused its discretion in excluding Sharma’s testimony regarding his trend analyses. The district court found this testimony misleading because Sharma only plotted some of the data points from the testing of the pond, which indicated a steady decline moving away from Fairway View, but some of the omitted data points were inconsistent with this trend. We find that this critique of Sharma’s method does not justify excluding the trend analysis testimony entirely. Rather, this question as to the basis for Sharma’s opinion is fodder for cross-examination, “affect[s] the weight to be assigned that opinion rather than its admissibility[,] and should be left for the jury’s consideration.’” Cedar Lodge Plantation v. CSHV Fairway View I, LLC, No.. 17-30742 (Oct. 10, 2018, unpublished) (emphasis added).

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