In order to evaluate if the court made a resonable determination in this case, it must be placed in the context of the Daubert challenge. What was the argument/basis for this challenge?

Keeping it simple seems to be looking at the investigator's methodology from afar. If the argument was simple, that is, he did not follow the Scientific Method (SM), then an analysis of the overall elements of his/her use of the SM might seem appropriate. This does not mean that he/she correctly followed the SM. A challenge to methodology can be directed at the subelements of the SM. For example, he/she did not test thier hypotheses or they used an unreliable methodology to test thier hypohtesis or there use of an analysis technique was unreliable. As a strategy, this may produce a wanted outcome in some simple and broad challenges, but not for every challenge.

Douglas J. Carpenter, MScFPE, CFEI, PE, FSFPE
Vice President & Principal Engineer
Combustion Science & Engineering, Inc.
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