A yearly study of trends and outcomes 2000 – 2017
Our 2018 Daubert study continues our annual analysis of Daubert challenges to financial experts. In the 18 years since the Supreme Court’s 1999 ruling in Kumho Tire, we have analyzed 2,410 financial expert challenges, including 206 financial expert challenges decided during 2017.
As in prior years, we explore recurring themes we have seen in Daubert challenges over the past 18 years and present illustrative cases from 2017. We also present trends and observations from our data. In 2017, the exclusion rate of financial expert testimony — 48% -- was consistent with the 18-year historical average (47%). However, of these challenged financial experts, 29% were partially excluded and only 19% were fully excluded, indicating that the majority of challenged financial experts were ultimately permitted to testify in some form.