In February of 2018, the Louisiana Supreme Court determined that Daubert does not require an expert to provide a “quantitative assessment to prove causation.” In reversing a decision of a lower court the Supreme Court stated that the lower court failed to recognize the plaintiffs could meet their burden of proving causation through either a quantitative or a qualitative assessment of fipronil exposure.

The court stated, Daubert does not require an expert provide a quantitative assessment to prove causation. Daubert primarily concerns the methodology employed by the experts. In granting the defendants' motions to exclude the experts, the district court focused on the fact that none had written peer-reviewed articles concerning fipronil. The court stated, Daubert imposes no such requirement. Instead, Daubert considers whether the methodology employed by the expert has been subject to peer review or publication. Likewise, Daubert does not require an expert provide a quantitative assessment to prove causation.

Thus, bases on this decision the court has limited the Daubert challenge to methodology in the State of Louisiana.

Freeman v. Fon’s Pest Management, Inc., 232 So.3d 611 (2017)

Jim Mazerat
Forensic Investigations Group