Robert Ambrogi – November 20, 2012 Is a Daubert hearing a mere magical incantation, unnecessary to invoke as long as the trick is still performed? Several Supreme Court justices seemed to suggest as much, as the court heard oral arguments Nov. 5 in Comcast Corp. v. Behrend, an antitrust case that presents the question of the extent to… Continue reading Daubert and Class Actions All Just Magic Words | BullsEye Blog
Tag: Daubert Challenge
No Appeal for Expert Witness Third Wheel
Maggie Tamburro – October 2, 2012 The ruling experts and attorneys often dread: “The expert’s proffered testimony is not the product of reliable principles and methods as established under Daubert and is therefore excluded as inadmissible.” A failed Daubert challenge is tantamount to never making it out of the starting gate. It often results in the granting of… Continue reading No Appeal for Expert Witness Third Wheel
Daubert Challenges Up 250 Percent
Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder. Since the U.S. Supreme Court’s 1999 decision in Kumho Tire Co. v. Carmichael, which established that the criteria set forth… Continue reading Daubert Challenges Up 250 Percent
Daubert, Frye … or Both? Tracking Florida’s Buy-In
Maggie Tamburro – March 12, 2012 For the second consecutive year, the Florida legislature is considering a bill that would change the standards for admission of expert witness testimony in Florida state courts. Slowly inching its way through the legislature, the bill suffered setbacks on March 8 when Senate amendments altered the language – and… Continue reading Daubert, Frye … or Both? Tracking Florida’s Buy-In
Daubert Challenges Up 350 Percent
Maggie Tamburro – January 31, 2012 Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder. Since the U.S. Supreme Court’s 1999 decision in Kumho Tire Co. v. Carmichael, which established that the… Continue reading Daubert Challenges Up 350 Percent