Daubert/Frye Motions in Product Liability Litigation: Bringing or Defending Challenges to Expert Witness Evidence

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

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Conducted on Wednesday, June 21, 2017

Recorded event now available

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Course Materials

This CLE course will examine the applicability of the Daubert/Frye standard to the presentation of expert testimony in product liability disputes. The panel will outline effective approaches to present or defend a Daubert challenge to the admission of expert testimony.


Daubert/Frye (Daubert) motions are one of the most critical pre-trial aspects of a product liability case involving expert witnesses because exclusion of an expert can effectively end a suit. A successful Daubert challenge can also put a party in a more favorable settlement position.

Counsel will want to consider Daubert issues prior to retaining an expert, and in making strategic and tactical expert discovery decisions, including on when and whether to bring a Daubert challenge.

The Daubert ruling and the body of law surrounding challenges to expert opinions and testimony continue to evolve for products liability disputes. Courts require that expert testimony—as well as the methodology or technique on which it is based—be tested to ensure that it is relevant and reliable.

Listen as our authoritative panel of experienced product liability litigators discusses the Daubert standards and best practices for bringing and defending such motions in product liability suits.



  1. 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
  2. Bringing a Daubert challenge
    1. Mechanics of a challenge
    2. Strategic and tactical considerations
  3. Defending a Daubert challenge
    1. Critical questions when hiring an expert witness
    2. Relevance and reliability
    3. Curing a successful Daubert challenge


The panel will review these and other key issues:

  • How can counsel effectively challenge an expert witness’ theories and whether those theories have been adequately tested?
  • Under what circumstances should counsel consider not filing a Daubert motion?
  • How can prior rulings involving an expert witness be used?


Stephen J. McConnell
Stephen J. McConnell

Reed Smith

Mr. McConnell defends clients in product liability and mass tort litigation. He has also handled securities litigation,...  |  Read More

Wajert, Sean
Sean P. Wajert

Office Managing Partner
Shook Hardy & Bacon

Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he...  |  Read More

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