Friday, June 2, 2017
Nease v. Ford Motor Co., distributed for next week’s Supreme Court conference, presents some interesting questions regarding the procedure surrounding Daubert motions:
1) When a district court grants or denies a motion in limine concerning expert testimony, need it state only its ultimate ruling on admissibility (as permitted in the First and Second Circuits), or must it also set forth explicit findings of fact regarding each aspect of the expert testimony rules cited in the motion (as required by most other circuits, including the Fourth Circuit below)?
2) When a federal appellate court concludes that a district court erred procedurally by admitting or excluding expert testimony in a jury trial without explicit Daubert factfinding, is the appropriate remedy for such procedural error: (a) a remand so that the omitted findings can be made by the district court (the rule applied in at least two circuits); (b) a remand for a mandatory new trial (the rule applied in the Ninth and Tenth Circuits); or (c) de novo decision of the admissibility issue on appeal (the rule applied by the Fourth Circuit below and by the Seventh Circuit)?
Here is the full cert. petition:
And here is the Fourth Circuit’s decision below.