Successful Daubert Motions - Best (or Commonly Employed) Practices for Challenging an Opponent Expert

Hydrogeology, Geology, & Environmental Issues / Field Methods & Procedures

Date posted: 05/14/16

Jared Firestone opines that executing a Daubert challenge against an opposing party can be the deciding factor in whether you win or lose a case. Due to the enormous consequences a Daubert challenge can have, it is important for any practicing trial attorney to understand how to execute a Daubert challenge, when to do so, and strategies relating to the execution of such a challenge. Below, we have broken down the process of launching a successful Daubert challenge against opposing counsel expert to help you identify the right situation to deploy a gatekeeping challenge, as well as a step-by-step method to give your challenge the greatest chance of success. Daubert hearings are not required for a determination that dictates whether expert testimony will be excluded or admitted. Any method of review is permitted so long as the court performs an evaluation with a sufficient record for appellate review, and articulates the reasons for its decision. However, Daubert challenges are important because, if granted, they guarantee that the court will extensively review the admissibility requirements of Federal Rule of Evidence 702, which requires that a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if ... 1. The expert scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, 2. The testimony is based on sufficient facts or data, 3. The testimony is the product of reliable principles and methods, 4. The expert has reliably applied the principles and methods to the facts of the case, Additionally, some federal courts require a Daubert challenge if any review of an expert is to be made. Also, see... https://www.academia.edu/11020568/Flawed_Geoscience_in_Forensic_Environmental_Investigations_Part_I_The_Effect_of_Daubert_Challenges_on_Improving_Investigations_-_2004 and Parts II and III ...