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

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.

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