Knocking Out Their Experts: Ten Arrows in Your Quiver

Expert Evidence Report

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PUBLISHED ON: November 25, 2008

A consequence of the U.S. Supreme Court’s ruling in Daubert, which cast district court judges in the role of ‘‘gatekeepers’’ in screening expert evidence, is that fewer—not more—experts are passing scrutiny, say attorneys John M. O’Connor and Stanley A. Bowker.

This enhanced scrutiny opens up opportunities for litigators to advance their position by making Daubert motions to exclude the testimony of their adversary’s expert. The authors offer a checklist of 10 practical tips examining the grounds on which to base a successful Daubert motion, as well as a discussion on how to formulate Daubert motions.