Daubert Standards

News & Analysis as of

On the Difficulty of Dauberting Antitrust Economists

It’s difficult. Despite a valiant effort, the defendants in In re: High-Tech Employee Antitrust Litigation, 2014 U.S. Dist. Lexis 47181 (N.D. Cal. Apr. 4, 2014) (Koh, J.), failed to exclude the expert testimony of...more

Quantum World v. Dell: After Receiving Numerous Daubert Motions, District Court Lays Down Strict Time Limits for Trial and Rules...

In this patent infringement case, the district court received a number of motions to strike portions of expert reports and to exclude the testimony of certain experts. As stated by the district court, it received the...more

Is North Carolina a Daubert State? Drum Roll Please...

Yes! North Carolina is now officially a Daubert state, according to a recent decision of the North Carolina Court of Appeals. In State v. McGrady, COA13-330, 2014 WL 211962 (N.C. Ct. App. Jan. 21, 2014), the Court of Appeals...more

Ten Years Later: NC Catches Up With Rule 702, Adopts Daubert and Bids Adieu to Howerton

In January, the North Carolina Court of Appeals decided State v. McGrady, in which it finally addressed the impact of the 2011 amendments to Rule 702. McGrady confirmed what many practitioners have believed for two and a...more

En Banc Ninth Circuit Demands That Courts Serve As Gatekeepers For Expert Testimony — Will That Rule Be Extended to Class Actions?...

In the battle over class certification, expert testimony proffered by both plaintiffs and defendants is playing an increasingly important role. The Supreme Court has not yet decided whether the test for admissibility of...more

En Banc Ninth Circuit Adds Teeth To Daubert Gatekeeping Obligation

On January 15, the en banc US Court of Appeals for the Ninth Circuit issued a decision in Barabin v. AstenJohnson, Inc. that significantly strengthened and expanded the gatekeeper role of both trial and appellate courts in...more

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more

Florida Expert Evidence 2.0 - The Frye to Daubert Upgrade

On June 4, 2013, Florida Governor Rick Scott signed HB 70151 (renumbered as Chapter 2013-107) into law amending Florida Statutes §§ 90.702 and 90.704 to conform with the federal evidentiary standard articulated in Daubert v....more

The Bradford Hill Criteria: The Forgotten Predicate

Introduction - In product liability litigation, the determinants of causation between an agent and a disease are frequently a critical issue. In 1965 Sir Austin Bradford Hill, a British epidemiologist and...more

The Admissibility of Opinions Contained in Public Records

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

Florida Poised to Scrap Frye and become a Daubert Jurisdiction

In cases involving scientific or novel evidence, defendants have long been at a disadvantage in Florida due to its very liberal application of the Frye standard. It appears this is about to change. ...more

The Use And Misuse Of Expert Testimony In Bad Faith Actions

Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which...more

Supreme Court Raises The Bar For Class Actions

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

Under Construction - March 2013: California Supreme Court Case Sets New Standards for Expert Testimony

It is common for experts to testify in civil cases in California. In construction and engineering cases, in particular, testimony by experts is often the critical factor in success or failure. Despite the importance of expert...more

Arizona Adopts Federal Daubert Standard for Admissibility of Expert Testimony

Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial...more

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