The admissibility of experttestimony that calculates an investor’s damages resulting from securitiesfraud may significantly change because of the Supreme Court’s decisionthis Term in Kumho Tire Company, Ltd. v. Carmichael. [FOOTNOTE 1]
Previously, in Daubert v.Merrill Dow Pharmaceuticals Inc., [FOOTNOTE 2]the Supreme Court articulated four factorsthat the trier of fact may consider when deciding to admit expert scientifictestimony: (i) the ability to be tested; (ii) peer review and publication;(iii) potential rate of error; and (iv) general acceptance in the scientificcommunity.
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