Maryland has become the most recent state to adopt the Daubert standard for determining when a jury can hear expert witness testimony. In its August 28, 2020 decision in Rochkind v. Stevenson, the Maryland Court of Appeals ruled that the…
Litigators often face a tough choice when selecting expert witnesses for a case. Should you work with a first-time expert—that is, someone with the right qualifications but no litigation experience? Or do you go with an experienced expert who has…
Federal Rule 702 establishes that a witness who is qualified as an expert on the basis of knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: The expert’s scientific, technical, or other…
While establishing guidelines for what can be admitted at trial, Rule 703 does create an opportunity for using inadmissible evidence. In particular, this opportunity has been the subject of both praise and scrutiny over the years. Inadmissible evidence can be…
Expert testimony is a major component of successful litigation. However, there are instances where the court may deem an expert’s testimony is inadmissible or may largely curtail its scope. In these cases, expert testimony may be rendered useless. For these…
Under the Daubert standard, the trial judge serves as the gatekeeper who determines whether an expert’s evidence is deemed reputable and relevant. As such, trial judges employ a Daubert test to assess whether an expert witness’ testimony is 1) based…
Since the United States Supreme Court decided a standard for the admissibility of expert testimony in the seminal case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), an increasing number of expert witnesses have been challenged by way…
If the court deems an expert’s testimony inadmissible, especially suddenly and in the middle of trial, it can have a disastrous effect on the outcome of the case. However, the governing standards of expert witness admissibility are not uniform throughout…
As a general rule, it is up to the lawyers, not the experts, to determine what evidence must be presented in court to meet a specific jurisdiction’s admissibility standards. That having been said, experts often want to know the requisite…
If you have a case involving expert witnesses or the potential for expert testimony, it is never too soon to consider challenging the opponent’s expert under Daubert. There are both legal and strategic advantages to Daubert challenges. The Daubert Standard…