Excerpt from Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir. 1995)

This opinion is the Daubert case on remand: the Supreme Court decided Daubert and remanded the case back to the Ninth Circuit Court of Appeals. This decision is the Ninth Circuit's resolution of the reamand. (The opinion was authored by Judge Kozinski, whose article you read for Class 1.)

In this except you can hear from a judge who is struggling with how to apply the new standard.