Wednesday, August 23, 2006

8th Circuit Upholds Admission of Expert Evidence from Voting Rights Plaintiffs

In a Voting Rights Act case brought by Native Americans in South Dakota, the Eighth Circuit has published an opinion upholding the district court's ruling admitting the plaintiffs' expert statistical evidence over defendants' Daubert objection. See Bone Shirt v. Hazeltine, No. 05-4010 (8th Cir. Aug. 22, 2006) (Smith, Heaney, & Gruender, JJ.).


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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.