Daubert

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Daubert Standards And Hearings

This outline presents the core concepts that an expert witness should know about Daubert and its requirements.

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Expert Witness Soap Opera Plays Out in Federal Court as Daubert Motions Fail

As a battle brews between two Spanish-language television networks over copyright claims of their respective soap operas, Miami Federal Court Judge Jonathan Goodman has found himself having to evaluate telenovela experts and act as a Daubert gatekeeper.

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Daubert Analysis at the Class Certification Stage

An interesting procedural matter arose in the class action case of Fort Worth Employees' Ret. Fund v. J.P. Morgan Chase & Co. when, simultaneously with the plaintiff's motion for class certification, the defendants moved to exclude the testimony of a plaintiff's expert witness under Daubert.

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Daubert Decisions Not Just for District Courts Anymore

There is a new gatekeeper in town. Or perhaps 179 of them. Earlier this month, the U.S. Supreme Court refused to grant certiorari and hear an appeal challenging a federal ...

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Securities Law, Daubert, Terror Trials: Cases Hinge on Experts

From market efficiency to Daubert to terrorist litigation, many cases require experts for final decisions to be made. Read more to learn about recent cases in which expert testimony played a vital role.

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Expert Helps Prove “Efficient Market” in Securities Fraud Litigation

The fraud-on-the-market presumption was recently the subject of major publicity as a result of the Supreme Court’s pending decision in Haliburton. Read more to learn about the Court’s decision and other cases that affect this unique area of litigation.

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Profession’s Litigation Guidelines Not Controlling in Daubert Inquiry

To what extent should a professional association's litigation guidelines govern the admissibility of their testimony? This is the question that arose in a case against LabCorp in this case of first impression. Read more to learn about the court’s decision.

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Participation Loan Expert Survives Most (But Not All) Daubert Challenges

In a decision handed down earlier this year an Alabama District Court addressed multiple Daubert challenges leveled by plaintiff against defendant’s participation loan expert.

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Antitrust Appeal Milks Reversal of Experts’ Exclusions

There’s no use crying over spilled milk, they say, but it is bottled milk that may be causing tears for the nation’s second-largest milk bottler after a federal appeals court reinstated an antitrust case against it, primarily because the court below improperly excluded and disregarded expert testimony.

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$1.2B in Damages – Expert Challenges Fail to Decertify Class

Expert challenges asserted as part of a post-trial motion to decertify a class came too little, too late after a jury awarded plaintiffs over $400 million in damages in a high profile antitrust case.