Expert Appeals His Exclusion to the Supreme Court

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When a trial judge, after a Daubert hearing, decides to exclude the testimony of an expert witness, the party that proffered the expert can decide whether to challenge that decision on appeal. But if the party decides not to appeal, can the expert, out of concern for the impact of the decision on his professional reputation, appeal the ruling on his own?

That was precisely the issue in a case that recently made it all the way to the U.S. Supreme Court. But before we get to the Supreme Court’s decision, it is helpful to have some background on how the case found its way there.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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