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Daubert: 10 Years Later
This is the first of a two-part article. Part two will appear next month.
Product liability practitioners must be intimately familiar with the strategy and tactics of challenging expert testimony under Rule 702, Fed. R. Evid., and the so-called Daubert trilogy of cases. Nearly 10 years ago, the United States Supreme Court, in Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), vastly changed the road map for the admission of expert testimony. A body of case law has grown since that decision, providing numerous avenues to challenge admission of expert testimony. Because product liability cases usually rely on expert testimony, Daubert challenges are particularly important in them.
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