Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Psychological Disorders: Understanding the Criteria for Admissibility of Expert Opinion
Psychologists, psychiatrists, and licensed social workers routinely testify as experts in both criminal and civil cases in which the mental condition of an individual is at issue. While the credentials and qualifications of such experts may not always be subject to challenge, the reliability and relevance of their proffered testimony should be examined closely. Regardless of the conclusion generated, the inquiry into a mental health professional's opinion must be one that looks to the principles and methods used, not the ultimate conclusion reached. Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579, 595 (1993).
As with all experts, the testimony of mental health professionals must meet the minimum requirements established in Daubert and Kuhmo Tire Co. v. Carmichael, 526 U.S. 137 (1999) and their progeny. The test of admissibility is not whether a particular scientific opinion has the best foundation or is demonstrably correct; rather, it is whether the “particular opinion is based on valid reasoning and reliable methodology.” Oddi v. Ford Motor Co., 234 F. 3d 136, 146 (3d. Cir. 2000) (quoting Kannankeril v. Terminix Int'l, Inc., 128 F. 3d 802, 806 (3d Cir. 1997). Moreover, a court may admit questionable testimony if it “falls within 'the range where experts might reasonably differ, and where the jury must decide among conflicting views …'” S.M. v. J.K., 262 F. 3d 914, 921 (9th Cir. 2001) (quoting Kuhmo, 526 U.S. at 153). As “'mental health professionals involved in everyday practice may disagree more than half the time even on major diagnostic categories such as schizophrenia and organic brain syndrome'” ' courts are especially loathe to exclude their expert opinions. Id. (quoting Christopher Slobogin, Doubts about Daubert: Psychiatric Anecdata as a Case Study, 57 Wash. & Lee L. Rev. 919, 920 (2000)). There are numerous state and federal court opinions that discuss the admissibility of expert opinions from mental health professionals. This article will examine some of those decisions and discuss the evidentiary issues to watch for when evaluating the proffered testimony of psychiatrists and other mental health professionals.
Opinion as to Veracity and Truthfulness of Others
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?