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Civil Litigation

Jul. 12, 2014

Decisions emphasize courts' 'gatekeeper' obligations

A recent decision provides authority to request that district courts affirm the reliability of an expert's opinion before admitting it rather than simply leaving it to the jury.

Cynthia H. Cwik

Partner
Jones Day

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Kelly V. O'Donnell

Associate
Jones Day

Email: kodonnell@jonesday.com

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Expert witnesses can play a crucial role on issues such as causation in medical malpractice and product liability cases, the definition of the relevant market in antitrust cases, and - in almost any type of case - the amount and proper methodology for computing damages. The success of a case may depend on the admissibility of expert testimony. Accordingly, trial judges in both federal and California courts are tasked with acting as "gatekeepers" who must ensure that expert testimony is r...

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