Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

William DeVinney | Baker & Hostetler | March 19, 2019 Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23. The Supreme Court has repeatedly held that trial courts must… Continue reading Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

Under `Daubert’, It Isn’t Getting Easier To Find a `Reliable’ Expert Witness

Edward M Spiro and Judith L. Mogul | New York Law Journal | April 18, 2017 Almost 25 years after the Supreme Court’s decision in Daubert v. Merrill Dow Pharmaceuticals, 1 recent cases in the Southern District of New York continue to demonstrate the wide latitude that the Daubert standard affords to judges ruling on… Continue reading Under `Daubert’, It Isn’t Getting Easier To Find a `Reliable’ Expert Witness

Daubert: Testimony Based on Experience

Joshua Fruchter, Esq. – April 15, 2014 The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) requires trial courts to ensure that expert testimony admitted is reliable. Perhaps one of the trickier contexts in which courts must apply this standard is expert testimony based on experience.  To be sure, the… Continue reading Daubert: Testimony Based on Experience

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