Litigation
Jun. 29, 2013
Defending Daubert, 20 years after it was decided
The consensus at a panel I recently attended was that Daubert motions were getting too complicated, too broad and - with some tipping the scales at 50 pages - far too long. By Pamela Yates
About a year ago, I sat on a conference panel with a number of judges on the topic of the Daubert evidentiary standard - from the U.S. Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals (June 28, 1993).
Down the line the judges on the panel went, each with his own complaint. When it was my turn to speak, I surprised the audience by confessing that I actually got the whole ball rolling back in 1989, when as a young a...
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