It seems much legal attention has been devoted to Daubert lately – and with good cause. From the 1st Circuit’s Milward opinion last March allowing a less stringent “weight of the evidence” methodology – an approach previously rejected in a 5th Circuit case – to a reported increase in challenges, Daubert seems to be dominating legal headlines.
As the role of experts becomes all the more critical in the world of litigation, many legal commentators are now pondering if a Daubert challenge has become the new summary judgment. In cases requiring expert testimony, courts seem progressively willing to “connect the dots” between a Daubert challenge and summary judgment. Quite simply, failing a Daubert challenge and the resulting exclusion of an expert’s testimony can mean dismissal on summary judgment – and the end of the road for your case.