The issue of reliability is dealt with before expert testimony is heard by the jury. The judge is the gatekeeper of reliability.

Testimony in direct and cross on the reliability of the methodology applied is usually not watered down to a single statement. It is generally examined through the specific details of how one has reliability (or not) applied the SM to the specific set of evidence. If anything, in my experience, the use of such a statement opens up an inquiry of the specifics of how the SM was reliably applied.

If you are not willing to expose yourself to questioning of how you reliably applied the SM, then, do not use such a statement in your expert reports or testimony. Use it or don't use it, but to say it is wrong to use, in my opinion, is misguided and lacks understanding of the application of the SM and reliability of your determinations.

Douglas J. Carpenter, MScFPE, CFEI, PE, FSFPE
Vice President & Principal Engineer
Combustion Science & Engineering, Inc.
8940 Old Annapolis Road, Suite L
Columbia, MD 21045
(410) 884-3266
(410) 884-3267 (fax)
www.csefire.com