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Do <i>Daubert</i> Motions Really Work?
More than 20 years into the Daubert era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions in limine challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702. Among the concerns commonly expressed by the trial bar is the perception that so-called Daubert motions are a long shot at best, often not worth the time and effort.
Two recent studies shed new light on these attitudes.
In October 2015, the Searle Civil Justice Institute, part of the Law & Economics Center at George Mason School of Law, published an empirical examination, titled Timing and Disposition of Daubert Motions in Federal District Courts (hereafter “Searle”). Covering the years 2003-2014, this report examined the outcomes of over 2,127 Daubert motions from 91 federal district courts.
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