Beyond Daubert: How To Exclude An Expert Witness

Law360, New York (August 25, 2016, 5:21 PM EDT) -- For an expert to be allowed to testify at trial, certain criteria must be met — the expert must be qualified by the court, the expert’s opinion must be based on reliable data and methodology, and the expert’s testimony as to a particular matter must assist the trier of fact.

While the second factor is often discussed as a way to exclude experts under the U.S. Supreme Court’s Daubert v. Merrill Dow Pharmaceuticals opinion, there are many other grounds for precluding an expert. Each of these grounds can be raised in an in limine motion before the start of the trial,...

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