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

Conducted on Wednesday, June 21, 2017
Recorded event now available

This CLE webinar 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, Partner
Reed Smith, Philadelphia

Mr. McConnell defends clients in product liability and mass tort litigation. He has also handled securities litigation, complex commercial litigation, and white-collar criminal litigation. He is a former Assistant U.S. Attorney with ample first-chair experience in both government and private practice cases and has successfully argued significant matters before federal and state trial and appellate courts. Mr. McConnell has represented consumer products manufacturers and leading global medical device and pharmaceutical companies, including Wyeth, for whom he served as first-chair trial counsel in the diet drug litigation.

Sean P. Wajert, Esq., Managing Partner
Shook Hardy & Bacon, Philadelphia

Mr. Wajert focuses primarily on complex commercial and products liability litigation. An experienced trial attorney, he has represented clients in the chemical, consumer product, pharmaceutical, medical device, food and fragrance, and industrial products sectors when they face significant product liability and mass tort claims. Mr. Wajert has litigated cases in federal and state courts in dozens of jurisdictions.


CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.

Ken J. Pedersen

Pedersen & Company

I liked the topic and the fact that Strafford kept to the time schedule.

Susan Piperno

Gottlieb Rackman & Reisman

Strafford's program was on point, relevant and provided useful information.

Patricia Bartholomew

Craig-Hallum Capital Group

The seminar reinforced information and explained issues in a clear manner without being either too elementary or too technical.

Mary Bowden

SC&H Group

The speakers possessed great technical knowledge and experience.

Ken Watt

Frederic Dorwart, Lawyers

or call 1-800-926-7926

Product Liability Advisory Board

Larry D. Grayson


Hartline Dacus Barger Dreyer

Michael Hoenig


Herzfeld & Rubin

Melissa A. Murphy-Petros

Of Counsel

Wilson Elser Moskowitz Edelman & Dicker

Cary Stewart Sklaren


Herzfeld & Rubin

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.