Expert Witnesses Can Recover From Daubert Exclusions

The reputation and employability of some expert witnesses—often highly-regarded engineers, scientists and medical professionals—may be irreparably harmed after they are rejected by trial courts under the U.S. Supreme Court’s strict Daubert admissibility standards.

But other experts may be better able to recover from publicized judicial attacks on their qualifications under Daubert v. Merrell Dow Pharms., 509 U.S. 579, which requires trial judges to ensure expert testimony be reliable and the product of a sound methodology before being admitted for a trial.

Why is that so?

Can an Expert Recover From an Exclusion?

Interviews with leading litigators, academics and service ...