Katz, Abosch v. Parkway Neuroscience

Summary

The court held that a trial court applying Maryland’s Daubert-Rochkind standard may consider an expert’s selection of data, assumptions, and other inputs when those choices bear on the reliability of the expert’s methodology. The trial court properly considered most of the challenged aspects of the lost-profits analysis but improperly treated the expert’s later accounting adjustments as evidence that her methodology was unreliable. The court vacated the intermediate appellate judgment and ordered a limited remand for the trial court to reconsider admissibility without relying on those adjustments as a methodological reliability defect.