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21 Oct '15
Had you heard about the recent Colorado Supreme Court ruling on a Lone Pine order and wondered what the hype was about and if it pertained to you? In addition to the precedent-setting cases governing expert admissibility, Lone Pine ought to be on the list of cases experts know about, particularly experts testifying in mass […]
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14 Oct '15
Have you ever been retained on a case only to find out that your opinions would be reliant on another expert’s work? Were you concerned but too shy to ask the retaining attorney about the other expert’s credentials, basis of opinions or reputation in court? A recent federal court decision excluding several experts in a […]
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The 8th and Final article in my series “Admissibility of Expert Testimony: Strategies for Experts by Experts” is online. This article discusses ways to maximize or minimize the impact of a decision on a motion to exclude your testimony, depending on the outcome. Click here for the article.
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The motion to exclude your expert testimony has arrived. The opposing side may argue that you are not sufficiently qualified to testify to your expert opinions and they may argue that a better, more appropriate methodology was available. They may also attempt to show that your assumptions, input, or selection of data was flawed, insufficient, […]
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05 Oct '15
The expert deposition is one of the most important milestones in the discovery process because it gives the opposing side an opportunity to evaluate the strengths and weaknesses of your testimony and the case in general. You may not realize it, but your deposition can and probably will influence the outcome of the case before […]
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02 Oct '15
There are many things to keep in mind when drafting your expert report. Two of the most important ones are Rule 26 of the Federal Rules of Civil Procedure and Daubert. While Rule 26 has specific requirements on what goes into your report, it is not a checklist for safeguarding against a Daubert challenge. Click […]
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30 Sep '15
When it is time to demonstrate to the court that your methodology is both relevant and reliable beyond mere ipse dixit (loosely translated in the legal context to mean “because I said so”), it is important to consider whether your opinion or conclusion can be reached by using a methodology that adheres to the Daubert criteria […]
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28 Sep '15
Before getting into the nuts and bolts of an expert’s methodology and conclusion, the opposing party in a case will likely challenge an expert’s qualifications. Therefore, when attorneys are selecting experts, they critically evaluate credentials, knowledge of a particular subject matter, and opinions in past cases. Truly valuable experts understand the admissibility requirements, and will […]
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25 Sep '15
The D.C. Circuit Court’s decision in Frye v. United States is important in considering admissibility of expert testimony. The Frye standard requires experts to demonstrate that the methods and theories used to support their conclusions and opinions are generally accepted by the relevant scientific community. Although the standard was eventually superseded by the United States Supreme Court in its […]
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The first article in my series “Admissibility of Expert Testimony: Strategies for Experts by Experts” introduces Rule 702 of the Federal Rules of Evidence, which governs expert admissibility in federal court. The article then provides a detailed overview of the precedent-setting cases governing expert admissibility in federal court, including Daubert, Joiner and Kuhmo. Understanding these historic cases […]