On October 4, 2024, Maria Sinatra and Gianna Cricco-Lizza published “5 Tips for New Lawyers to Defeat Daubert Challenges” with the ABA Young Lawyers Division. The following is an excerpt:
Lawyers at every level can help position experts to overcome challenges in litigation, even if you’re not the only attorney responsible for expert discovery. An expert witness’s testimony is only admissible if it’s reliable and relevant, such that it satisfies of the Federal Rules of Civil Procedure. A Daubert challenge seeks to exclude an expert by:
- Attacking the expert’s credentials, experience, or methods to show they are unreliable;
- Attacking the expert’s opinion to show that it’s irrelevant to the issues at hand;
- A combination of attacking both the relevancy and reliability of an expert
Click here to access the article.