Expert Witness Exclusion – Lay Witness to the Rescue

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Think successfully excluding your opposing party’s expert on a Daubert challenge equals a slam dunk on summary judgment and dismissal of the opposing party’s case? Not so fast.

While many have concluded that prevailing on a Daubert challenge is the equivalent of summary judgment, a recent case demonstrates, as with most things in law, there’s always an exception – in this case it came in the form of a lay witness.

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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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