Daubert motions are one of the most time-consuming and uncertain aspects of federal civil litigation. In the 20 years since this landmark opinion was handed down, there have been changes in the Federal Rules of Civil Procedure relating to expert reports, but there has been no change, or any clear guidance, relating to dealing with Daubert challenges and the tremendous costs to both the judiciary and the litigants. This presentation will suggest alternatives to the present method of handling Daubert issues that will reduce the costs to both litigants and the judiciary, and be consistent with the demands of the Seventh Amendment that juries are supposed to decide questions of fact—not judges.
1 CLE Credit Hour
This program was recorded on September 26, 2013, at Federal Bar's Annual Conference in San Juan, Puerto Rico.
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