Overcoming the Daubert Standards: A Survival Road Map for Litigators
Evaluating facts intelligently often requires the application of some scientific, technical or specialized knowledge. The most common source of knowledge is the expert witness. In cases involving expert witness testimony, the exclusion of an expert's evidence can most of the time successfully end a suit.
In 1993, the admissibility of expert testimony in federal trials and affirmation of a gatekeeping role for judges to determine reliability and relevance of the testimony was addressed during the US Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals Inc. case. It was then in 1999 where the Supreme Court's decision in Kumho Tire Co. v. Carmichael clarified the applicability of the Daubert criteria to all types of expert testimony in federal jurisdiction, including financial expert testimony. To date, many state courts adopted the Daubert standard to make a preliminary assessment of whether an expert's scientific testimony is based on reasoning or methodology and is scientifically valid and can properly be applied to the facts at issue.
In this LIVE Webcast, a panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the fundamental frameworks of the Daubert Standards. Speakers will also provide the audience with practical tips on overcoming the risks and challenges.
Key topics include:
- An Overview of Daubert Standards
- Bringing and Defending a Daubert Challenge
- Strategic and Tactical Considerations
- Potential Risks and Legal Challenges
- Recent Developments
Armando G. Hernandez, Attorney
Rumberger Kirk & Caldwell
Richard W. Paul, Member
- Excluding Experts Under Daubert and Frye
- An Overview of Daubert and Frye
- The Daubert Standard
- Data Analysis of Daubert Rulings: PwC May, 2016 Study
- Status of Daubert Under Florida Law
- Daubert/Frye in the 50 States
- Strategic Considerations and Practice Pointers in Seeking to Strike or Challenge an Opposing Expert
- Strategic Considerations and Practice Pointers in Defending Against a Strike or Challenge to Your Own Expert
- Concluding Comments—Recommended Reading
Who Should Attend:
- Litigation Attorneys
- Trial Attorneys
- Legal Counsel
- Other related/interested Professionals and Organizations
Armando G. Hernandez is an attorney at the Miami office of Rumberger, Kirk & Caldwell, P.A. Armando practices in the areas of product liability, admiralty, premises liability, commercial litigation, and casualty defense. He has been named a finalist for Most Effective Lawyers in Product Liability in 2011 and 2015. He has been recognized as Super Lawyer Rising Star and Florida Legal Elite Up & Comer. He is also a member of the Miami-Dade County Local Professionalism Panel and President of the Peter T. Fay Inns of Court.
Armando G. Hernandez is an attorney at the Miami office of Rumberger, Kirk & Caldwell, P.A. Armando practices in the …
Richard W. Paul is a member of Dickinson Wright PLLC who practices in products liability litigation, commercial litigation, accountant liability litigation and class action litigation. Mr. Paul also serves as National Discovery Counsel for Ford Motor Company.
Mr. Paul is a former Chairperson of the State Bar of Michigan Litigation Section and serves as Vice President of the Michigan Defense Trial Counsel. He is a Michigan State Court Administrative Office Approved Mediator.
Mr. Paul is admitted to practice in Michigan, the U.S. District Courts for the Eastern and Western Districts of Michigan and the District of Columbia, the U.S. Sixth Circuit Court of Appeals, the U.S. Supreme Court and the U.S. Court of International Trade. Mr. Paul has also appeared pro hac vice in state courts throughout the country.
Mr. Paul is recognized in business and products liability litigation by Michigan Super Lawyers and dbusiness Top Lawyers, and is rated A/V Preeminent by Martindale-Hubbell.
Mr. Paul received his A.B. degree magna cum laude from Dartmouth College and his J.D. degree from Boston College Law School.
Richard W. Paul is a member of Dickinson Wright PLLC who practices in products liability litigation, commercial litigation, accountant liability …
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Method of Presentation:
Experience in civil litigation
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
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About Rumberger Kirk & Caldwell
Rumberger, Kirk & Caldwell provides litigation and counseling services in a wide range of civil practice areas, including product liability, commercial litigation, construction, real estate, intellectual property litigation, securities litigation, labor and employment law, bankruptcy, insurance coverage, professional liability and administrative law. Offices are located in Orlando, Miami, Tampa, Tallahassee and Birmingham.
About Dickinson Wright
With more than 425 lawyers across more than 40 practice areas, Dickinson Wright serves global clients from offices in Ann Arbor, Detroit, Grand Rapids, Lansing, Saginaw and Troy, Michigan; Austin, Texas; Columbus, Ohio; Ft. Lauderdale, Florida; Las Vegas and Reno, Nevada; Lexington, Kentucky; Nashville, Tennessee; Phoenix, Arizona; Washington, D.C.; and Toronto, Ontario.
The firm offers clients a distinctive combination of superb client service and exceptional quality. Dickinson Wright lawyers are known for delivering commercially-oriented advice on sophisticated transactions and have a remarkable record of wins in high-stakes litigation. Dickinson Wright lawyers are regularly endorsed by leading industry organizations and publications and recognized through significant appointments to bar associations and the judiciary system.