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.
Description
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.
Outline
- Overview of Daubert standard
- Theory tested
- Peer review and publication
- Potential error rate
- Standards and control
- General acceptance
- Other reliability factors
- Bringing a Daubert challenge
- Mechanics of a challenge
- Strategic and tactical considerations
- Defending a Daubert challenge
- Critical questions when hiring an expert witness
- Relevance and reliability
- Curing a successful Daubert challenge
Benefits
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?
Faculty
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.
Recordings
CLE On-Demand - Streaming Video
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*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
Recorded Event
Includes full event recording plus handouts.
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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.)
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Webinar
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CLE Credits
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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
Product Liability Advisory Board
Partner
Hartline Dacus Barger Dreyer
Member
Herzfeld & Rubin
Of Counsel
Wilson Elser Moskowitz Edelman & Dicker
Member
Herzfeld & Rubin
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