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News : Nevada Courts Finally Move Towards Federal Standard for Admissibility of Expert Opinions

NEVADA COURTS FINALLY MOVE TOWARDS FEDERAL STANDARD FOR ADMISSIBILITY OF EXPERT OPINIONS Attached is a new opinion from the Nevada Supreme Court finding reversible error based upon the improper admission of expert opinions. While not formally adopting the Daubert standard, the Court cited primarily federal authority, including Daubert, to interpret N.R.S. 50.275 which requires an expert's opinion to "assist" the trier of fact to understand the issues. In this case, the trial court accepted opinions from a doctor with a doctorate in medicine and a bachelor's degree in engineering to render opinions in biomechanics. Those opinions were unacceptably speculative because there was no evidence of support from reliable methodology, tests or specific research data. The Court found that the party proffering the testimony "could potentially lay a foundation" for admissibility but failed to do so. I hope you find the opinion as enlightening as I did. /s/ Crystal Matteson. Click here to view PDF of this article

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