Litigation Strategies for Debunking Daubert Expert Testimony

As plaintiffs increasingly hire “expert” witnesses who advocate rather than present the fact-finder specialized knowledge or expertise, knowing how and when to identify, discredit or outright exclude questionable expert testimony is more valuable than ever.

This report explores key legal techniques for evaluating expert witnesses and the credibility of their testimony, as well as useful tools for defendants to challenge such testimony. Topics include:

• Maximizing the MDL Daubert Process;
• Excluding Expert Opinion Impugning Corporate Ethics, Motive and State of Mind;
• Deconstructing Plaintiffs’ Peer-Reviewed Scientific Literature;
• Excluding or Limiting FDA Regulatory Expert Opinion; and
• Taking a Science Expert Deposition to Set Up a Daubert Motion

The authors of these timely articles, members of Kaye Scholer’s nationally recognized Product Liability Litigation team, have been involved in many of the leading cases discussed throughout this report, and draw from their extensive experience as trial and national counsel across many types of product liability cases and consultations, including MDL proceedings.

Recognized in the top-tier of every legal publication and named by Law360 as a “Product Liability Group of the Year,” Kaye Scholer knows how to present at trial complex scientific testimony in a manner understandable to judges and jurors, devise sophisticated defenses, advise on the defensibility of specific claims and assess claims demands.

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