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The Litigation Side of Forensic Accounting Copyrighted 2001 D. Larry Crumbley, CPA, Cr.FA, CFD KPMG ... - page 149 / 275

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© D.L. Crumbley

Weight v. Admissibility

Daubert analysis should not replace trial on merits, but any defects in an expert’s methods should be addressed through cross-examination.

Mathis v. Exxon Corp., 302 F.3d 448 (CA-5, 2002).

Defendant did not argue that the expert fails to comport with Daubert factors, but rather argues that his calculations do not support his conclusion. This attack is not a true Daubert challenge, but rather goes to weight.

TFWS v. Schaefer, 325 F. 3d 234 (CA-4, 2003).

Duty of district court is to ensure that basis of expert’s opinion is not so fatally flawed as to render his opinion inadmissible as matter of law.

Inre Visa Check, 280 F.3d 124 (CA-2, 2001), cert.den. 122 S.Ct. 2382 (2002).

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