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Daubert Standards for Expert Witness Testimony

Effective Strategies for Bringing and Defending Daubert Challenges

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Thursday, February 25, 2010
Recorded event now available

This CLE webinar will analyze the challenges of meeting the Daubert standards on the admissibility of expert opinion testimony and will outline effective strategies for bringing and defending Daubert motions.

Description

Daubert motions are one of the most critical pre-trial aspects of a case involving expert witness testimony because exclusion of an expert can effectively end a lawsuit. A successful Daubert challenge at a minimum puts a party in a more favorable settlement postion.

Counsel must thoroughly understand and consider Daubert standards prior to retaining any expert witness and in making strategic and tactical decisions on when and whether to bring a Daubert challenge.

Listen as our authoritative panel of experienced litigators discusses the Daubert standards and best practices for offering and defending such motions.

Outline

Overview of Daubert standard
1. Theory tested
2. Peer review and publication
3. Potential error rate
4. Standards and control
5. General acceptance
6. Other reliability factors
Bringing a Daubert challenge
1. Mechanics of a challenge
2. Strategic and tactical considerations
Defending a Daubert challenge
1. Critical questions when hiring expert witness
2. Relevance and reliability
3. Curing a successful Daubert challenge
Industry specific Daubert issues
1. Toxic tort
2. Products liability
3. Environmental
4. Oil and gas

Benefits

The panel will review these and other key questions:

How do you effectively challenge the expert witness' theories and whether they have been adequately tested?
What reasons might counsel decide against filing a Daubert motion?
What is the effect of prior rulings involving the expert witness?

Faculty

Bart Sloan, Partner
K&L Gates, Dallas

He represents clients in general litigation matters, with an emphasis on technology and intellectual property disputes. He has been involved in all phases of pretrial, trial and appellate practice in state and federal courts and in commercial arbitration. He has represented a variety of clients, from individuals to small R&D firms to Fortune 500 companies to government entities.

Sean P. Wajert, Partner
Dechert, Philadelphia

He is Co-Chair of the firm's Mass Torts and Product Liability Practice Group. He has represented companies such as Wyeth, Baxter Healthcare, Philip Morris, Nutraquest, West Pharmaceutical, and Rhodia Inc. in product liability and toxic tort actions throughout the country. Since 2003, he has been ranked among the top product liability lawyers by Chambers USA.

Gail L. Wurtzler, Partner
Davis Graham & Stubbs, Denver

She is Head of the firm's Environmental Practice Group. She specializes in environmental toxic tort cases and she has more than 15 years experience defending personal injury, medical monitoring and property damage toxic tort cases.

Ordering

Online CLE

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $123.50
Available 24 hours after the live event