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ARTICLE · 14 JANUARY 2016

Litigation Strategies For Debunking Daubert Expert Testimony

Arnold & Porter
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As plaintiffs increasingly hire "expert" witnesses who advocate rather than present the fact-finder specialized knowledge or expertise, knowing how and when to identify, discredit or outright exclude questionable expert testimony is more valuable than ever.

United StatesConsumer Protection
Arthur Brown
Arthur Brown
Sheila Boston
Sheila Boston
James Herschlein
James Herschlein
Jeffrey H. Horowitz
Jeffrey H. Horowitz
Lori B. Leskin
Lori B. Leskin
Andrew K. Solow
Andrew K. Solow
Pamela J. Yates
Pamela J. Yates
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As plaintiffs increasingly hire "expert" witnesses who advocate rather than present the fact-finder specialized knowledge or expertise, knowing how and when to identify, discredit or outright exclude questionable expert testimony is more valuable than ever.

This report explores key legal techniques for evaluating expert witnesses and the credibility of their testimony, as well as useful tools for defendants to challenge such testimony. Topics include:

  • Maximizing the MDL Daubert Process;
  • Excluding Expert Opinion Impugning Corporate Ethics, Motive and State of Mind;
  • Deconstructing Plaintiffs' Peer-Reviewed Scientific Literature;
  • Excluding or Limiting FDA Regulatory Expert Opinion; and

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