Expert testimony can make or break your case learn when and how to challenge opposing expert testimony.
Since the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence. This topic will give you the ammunition you need to challenge opposing expert testimony. Learn the basic concepts of the law governing admissibility of expert testimony, and get practical and concrete advice on how to bring and defend expert witness challenges under Daubert. This topic will explore the strategic question of when you should consider challenging expert testimony, as well as the tactical issue of how to prepare a case for such a challenge.
• Can the Theory Be Tested?
• Peer Review and Publication
• Potential Rate of Error
• General Acceptance
• Additional Factors Adopted by Some Courts
Daubert in the Courts
• Scope of Federal Case Law
• State Law - Some General Trends
Daubert in Practice
• When Should a Challenge Be Considered?
• The Mechanics of a Challenge
• Tactical Considerations
Donald E. Frechette from Locke Lord LLP
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request.