5 Definite No-Nos For Daubert Motions

Law360, New York (April 9, 2013, 9:14 PM EDT) -- Judges are far from ecstatic when they see a Daubert motion sitting on their desk, considering the expert-bashing and jargon-filled science lessons they know will follow. Don't further incur their wrath by committing one of the five most common missteps made by attorneys seeking to exclude expert testimony.

The motions, which received their name from the 1993 U.S. Supreme Court decision that set a new standard for the admissibility of expert testimony, are a source of pain for judges, according to attorneys. Judges in states that do not follow the Daubert standard hardly differ in their assessment of so-called Frye motions,...

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