An Expert Out Of Her Element May Cost You

Law360, New York (July 25, 2013, 12:30 PM EDT) -- My favorite line from a movie is when Walter Sobchak said in "The Big Lebowski," "For your information, the Supreme Court has roundly rejected prior restraint!" As a defense lawyer, one of my favorite opinions to read is one where a court roundly rejects a plaintiff’s expert on Daubert grounds. Last week, the Fourth Circuit affirmed one such an opinion in a toxic tort case.

 

Likely without the visceral anger that Sobchak portrayed, the U.S. District Court for the Eastern District Court in Virginia, in Zellars v. NexTech Northeast...
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