Expert testimony can make or break your case. Learn when and how to challenge opposing expert testimony.
The U.S. Supreme Court’s 1993 Daubert v. Merrell Dow Pharmaceuticals decision transformed the federal law governing expert testimony. Most states’ courts apply Daubert to some extent. Every litigator needs to understand the impact of Daubert on expert testimony. You need the skills to exclude an opponent’s expert evidence under Daubert, while protecting yours.
This topic will help you successfully challenge opposing expert testimony. Learn the basic concepts of the law governing admissibility of expert testimony. Learn to apply the December 2023 revisions to the federal rule. Get practical and concrete advice on how to bring and defend expert witness challenges under Daubert, and the strategic and tactical concerns to build your case against a challenge.
Agenda
Understanding Daubert
- Rule 702 and the Tail That Sometimes Wags the Dog
- Can the Theory Be Tested?
- Peer Review and Publication
- Potential Rate of Error
- Standards
- General Acceptance
- Additional Factors Adopted by Some Courts
Daubert in the Courts
- The Daubert Trilogy
- The 2000 Amendments to Rule 702
- Scope of Federal Case Law
- State Law - Some General Trends
- Maryland Adopts Daubert
Recent Changes
- Rule 702 Dec. 2023 Amendments, Preponderance
Daubert in Practice
- When Should a Challenge Be Considered?
- The Mechanics of a Challenge
- Tactical Considerations
Speakers
Derek M. Stikeleather,
Goodell, Devries, Leech & Dann LLP- Appellate Practice Chair, Goodell, Devries, Leech & Dann LLP
- Medical malpractice, commercial, product liability, and class action
- Frequent writer and lecturer on Daubert issues
- Member of The Defense Research Institute’s (DRI) Appellate Advocacy Committee and serves as the Fourth Circuit editor of DRI Daubert Online, which tracks developments in the federal circuits’ application of the landmark Daubert decision
- Co-editor and frequent contributor to the Maryland Appellate Blog, published by the Maryland State Bar Association Litigation Section
- Can be contacted at [external url] and [external url]
Who Should Attend
This live webinar is designed for attorneys. Other legal staff may also benefit from attending.
