In a 6–3 opinion issued in April 2019, the Supreme Court of the United States addressed the meaning of “substantial evidence” as applied to expert witness testimony in administrative agency proceedings. Biestek v. Berryhill, No. 17-1184, 139 S. Ct. 1148 (Apr. 1, 2019). Although ostensibly a narrow holding, the decision has implications for wider application that may make challenges to agency decisions more difficult.
November 12, 2019 Articles
Expert Witnesses and the Substantial Evidence Rule
The Supreme Court’s decision in Biestek v. Berryhill has implications for wider application that may make challenges to administrative agency decisions more difficult.
By David C. Kent
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