Daubert Standard Federal Rule of Evidence 702 governs the admissibility of expert testimony and permits a qualified expert to present testimony that “will assist the trier of fact” in understanding the evidence or in determining a factual issue, so long as “(1) the testimony is based upon sufficient facts or data, (2) the testimony is [...]
Archive for the ‘Questions of Law’ Category
Daubert Motions to Exclude Damages Expert
December 1st, 2010
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The seminal case of Daubert v. Merrell Dow Pharmaceuticals set the standard regarding the admissibility of expert witness testimony in federal court. Under Daubert, a judge may exclude expert witness testimony that is not based upon sufficient facts or data, is not the product of reliable principles and methods, or where the expert witness has not applied the principles and [...]
Can you exclude at trial allegations of discovery abuses?
November 25th, 2010
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During the course of litigation, especially contention one, it is likely that each side will accuse the other of discovery abuses. Can those allegations be excluded with a motion in limine? Unfortunately, there is limited case law on this topic. Most discovery disputes are either not serious enough to warrant sanctions or so trivial as [...]
