Law360, New York ( February 10, 2015, 12:24 PM EST) -- The U.S. Supreme Court recently denied certiorari in SQM North America Corp. v. City of Pomona, 750 F.3d 1036 (9th Cir. 2014), missing a prime opportunity to resolve a circuit split over the gatekeeping role trial courts play given Daubert v. Merrill Dow Pharmaceuticals and Rule 702 of the Federal Rules of Evidence. The Supreme Court's denial leaves open the question of whether faults in an expert's methodology require the wholesale exclusion of their proffered opinions or merely go to the weight of those opinions. As a result, Daubert challenges will continue to be governed by a more permissive standard in the Seventh, Eighth and Ninth Circuits and a more restrictive analysis in the Second, Third, Sixth and Tenth Circuits....