Expert testimony can make or break your case - learn when and how to challenge opposing expert testimony.
Since the U.S. Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals in 1993, the federal law governing expert testimony has undergone a radical transformation. The courts of most states have also now adopted Daubert to some extent. Every litigator needs to understand the impact of Daubert and its progeny. Used properly, Daubert can be a powerful tool for excluding expert evidence. This topic will give you the ammunition you need to challenge opposing expert testimony. Learn the basic concepts of the law governing admissibility of expert testimony, and get practical and concrete advice on how to bring and defend expert witness challenges under Daubert. This topic will explore the strategic question of when you should consider challenging expert testimony, as well as the tactical issue of how to prepare a case for such a challenge.
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Why Lorman?
Over 34 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
- Can the Theory Be Tested?
- Peer Review and Publication
- Potential Rate of Error
- General Acceptance
- Additional Factors Adopted by Some Courts
Daubert in the Courts
- Scope of Federal Case Law
- State Law - Some General Trends
Daubert in Practice
- When Should a Challenge Be Considered?
- The Mechanics of a Challenge
- Tactical Considerations
Credit
More Program Information
Why Lorman?
Over 34 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 June 5, 2019.
Call 1-866-352-9540 for further credit information.
- 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.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- OR CLE 1.5
- Approved for 1.5 CLE credits in Oregon.
- 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.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 34 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

Donald E. Frechette
Locke Lord LLP
- Partner at Locke Lord LLP
- More than 30 years of trial and appellate experience
- Regular writer on litigation tactics and strategies
- Successfully employed Daubert strategies in both state and federal courts
- J.D. degree, honor graduate, New York Law School; LL.M. degree, Boston University School of Law
- Can be contacted at 860-541-7713 or [email protected]
Credit
More Program Information
Why Lorman?
Over 34 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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