Expert testimony can make or break your case - learn when and how to challenge opposing expert testimony.
The U.S. Supreme Court's 1993 Daubert v. Merrell Dow Pharmaceuticals decision transformed the federal law governing expert testimony. Most states' courts apply Daubert to some extent. Every litigator needs to understand the impact of Daubert on expert testimony. You need the skills to exclude an opponent's expert evidence under Daubert (while protecting yours). This topic will help you successfully challenge opposing expert testimony. Learn the basic concepts of the law governing admissibility of expert testimony. Prepare yourself for the proposed revisions to the federal rule. Get practical and concrete advice on how to bring and defend expert witness challenges under Daubert and the strategic and tactical concerns to build your case against a challenge.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Understanding Daubert
- Rule 702 and the Tail That Sometimes Wags the Dog
- Can the Theory Be Tested?
- Peer Review and Publication
- Potential Rate of Error
- Standards
- General Acceptance
- Additional Factors Adopted by Some Courts
Daubert in the Courts
- The Daubert Trilogy
- The 2000 Amendments to Rule 702
- Scope of Federal Case Law
- State Law - Some General Trends
- Maryland Adopts Daubert
- Proposed Rule 702 Revisions, Preponderance
Coming Changes
Daubert in Practice
- When Should a Challenge Be Considered?
- The Mechanics of a Challenge
- Tactical Considerations
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Credit
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 31, 2021.
Call 1-866-352-9540 for further credit information.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CO CLE 2.0
- Lorman Education Services is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program is approved for 2.0 credit hours.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Skills 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Skills for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5
- Approved for 1.5 CLE credits in Oregon.
- VA CLE 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Derek M. Stikeleather
Goodell, Devries, Leech & Dann LLP
- Appellate Practice Chair, Goodell, Devries, Leech & Dann LLP
- Medical malpractice, commercial, product liability, and class action
- Frequent writer and lecturer on Daubert issues
- Member of The Defense Research Institute’s (DRI) Appellate Advocacy Committee and serves as the Fourth Circuit editor of DRI Daubert Online, which tracks developments in the federal circuits’ application of the landmark Daubert decision
- Co-editor and frequent contributor to the Maryland Appellate Blog, published by the Maryland State Bar Association Litigation Section
- Can be contacted at 410-783-4000 and [email protected]
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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