Exxon Corp. v. Makofski Ex Rel. Makofski

The majority erroneously parses the appellate record and fashions a result by reducing the gatekeeper’s Robinson hearing to a nullity. My colleagues have decided to treat reliability as an evidentiary jury issue; moreover, they misapply appellate rules and case precedent. I dissent.

The Issue is Reliability and the GATEKEEPER IS ESSENTIAL

The issue on appeal is reliability: Exxon contends that plaintiffs’ experts’ opinions1 *192“are not evidence because they are unreliable and founded on unproven assumptions.” The majority reviews the reporter’s record from trial and scientific studies that are not…