A yearly study of trends and outcomes 2000 – 2016
Our 2017 Daubert study continues our annual analysis of Daubert challenges to financial experts. In the 17 years since the Supreme Court’s 1999 ruling in Kumho Tire, we have analyzed 2,200 financial expert challenges, including 186 financial expert challenges decided during 2016.
As in prior years, we explore recurring themes we have seen in Daubert challenges over the past 17 years and present illustrative cases from 2016. We also present trends and observations from our data. Of particular note this year is the high exclusion rate of financial expert testimony — 51%. However, of these challenged financial experts, 38% were partially excluded and only 13% were fully excluded, indicating that the majority of challenged financial experts were ultimately permitted to testify in some form.