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ARTICLE · 27 SEPTEMBER 2017

Planning Your First (or Fiftieth) Expert Challenge From Depositions Through Trial

A motion to exclude expert testimony can be a powerful tool to encourage settlement, win summary judgment, or challenge class certification.

United StatesLitigation, Mediation & Arbitration

A motion to exclude expert testimony can be a powerful tool to encourage settlement, win summary judgment, or challenge class certification. The primary goal of such a motion is, obviously, to prevent the introduction of expert evidence at trial. But these motions can also have the added purposes of both educating the court on the science underlying the case, as well as demonstrating to the other side your willingness and readiness to defend against their claims. That said, you should not file such a motion without first carefully considering the applicable legal standard, the testimony and expert you plan to challenge, and your overall likelihood of success.  

Ascertain the proper standard.

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