The Impact of the Daubert Decision on Survey Research Used in Litigation.

The opinions issued by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals Inc., General Electric Co. v. Robert K. Joiner, Kumho Tire Co. Ltd. v. Carmichael, and Weisgram v. Marley changed the ground rules for whether a survey is admissible as evidence into a trial. This article provides a history of the criteria used to determine the admissibility of expert reports before Daubert and summarizes Daubert and the three other relevant opinions. It provides examples of how the Daubert criteria are being applied in cases involving survey research and provides recommendations for conducting surveys that are likely to survive a Daubert challenge. [ABSTRACT FROM AUTHOR]