Epstein Secrets

. No. 397, and Defendant filed a reply, Dkt. No. 398. The Court conducted a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt. No. 431. The Court stated its oral opinion at that hearing that it would deny and grant in part Defendant's motion, to be followed by this op

is inadmissible if it "comment[s] directly, under the guise of expert opinion, on the credibility of trial testimony from" specific fact witnesses. Nimely, 414 F.3d at 398. Additionally, if the expert's "opinion is one that the jury could reach with their own `common knowledge and common sense,' no ex

also unreliable, squarely within the ken of the average juror, or would invade the province of the Court and the jury if offered. To the extent Dr. Rocchio is permitted to testify on her opinions, the Court should admit reliable opinions on the same topics by defense experts. But the defense's expert no

mony is simply an attempt to invade the province of the jury by putting a thumb on the scale in their assessment of witness credibility.6 See, e.g., Nimely, 414 F.3d at 398 ("[E]xpert opinions that constitute evaluations of witness credibility, even when such evaluations are rooted in scientific or tec

. No. 397, and Defendant filed a reply, Dkt. No. 398. The Court conducted a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt. No. 431. The Court stated its oral opinion at that hearing that it would deny and grant in part Defendant's motion, to be followed by this op

is inadmissible if it "comment[s] directly, under the guise of expert opinion, on the credibility of trial testimony from" specific fact witnesses. Nimely, 414 F.3d at 398. Additionally, if the expert's "opinion is one that the jury could reach with their own `common knowledge and common sense,' no ex

. No. 397, and Defendant filed a reply, Dkt. No. 398. The Court conducted a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt. No. 431. The Court stated its oral opinion at that hearing that it would deny and grant in part Defendant's motion, to be followed by this op

is inadmissible if it "comment[s] directly, under the guise of expert opinion, on the credibility of trial testimony from" specific fact witnesses. Nimely, 414 F.3d at 398. Additionally, if the expert's "opinion is one that the jury could reach with their own `common knowledge and common sense,' no ex

. No. 397, and Defendant filed a reply, Dkt. No. 398. The Court conducted a Daubert hearing on November 10, 2021, at which both parties examined Dr. Rocchio. Dkt. No. 431. The Court stated its oral opinion at that hearing that it would deny and grant in part Defendant's motion, to be followed by this op

259, 263 (S.D.N.Y. 2019) (citing Daubers, 509 U.S. at 593-94). But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. Nimely v. City of New York, 414 F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert admissible under Daubers need rely on a method that confor