Why you should attend
This illuminating seminar is presented by highly experienced Daubert practitioners who have litigated Daubert and similar issues under state law in federal and state courts throughout the country. Their insights into how Daubert challenges should be prepared, executed, and argued will assist counsel in developing and deploying effective Daubert strategies in any case where the admissibility of expert witness opinion testimony is likely to be challenged.
What you will learn
- Basics of Daubert law and practice
- Excluding your opponents' expert witnesses
- Protecting your own expert witnesses from challenges
- Recent legal developments in the law of Daubert
- Practical considerations in challenging and defending expert witness admissibility
- Strategies for plaintiffs to meet the burden of proof efficiently
Who should attend
Lawyers representing plaintiffs or defendants in federal cases and in multi-district litigation, and in state court cases in states with analogues to Federal Rules of Evidence 702 and 703; in-house counsel managing and supervising litigation involving expert witness issues; insurance claims adjusters and managers.
Afternoon Session: 1:00 p.m. - 5:00 p.m.
David M. Cohen, Nathan M. Schachtman
1:15 Daubert - The Practice
- State and federal law: Rules 702, 703, and 403
- The Supreme Court's trilogy and the new Federal Rules of Evidence
- Deciding whether and how to assert the challenge
- Deposing an expert to support a Daubert challenge
- Preparing a challenged expert for a deposition
- Navigating pre-deposition expert disclosures - reports, communications, invoices, materials reviewed
- Nuts & Bolts - Hearings vs. written submissions; lawyer arguments vs. witness testimony; scheduling, structuring, and planning a hearing; the role of Rule 104 on the rules of evidence; appeals
Moderator: Nathan M. Schachtman
Speakers: David M. Cohen, Michael Williams, Mary A. Wells
2:15 Demonstrative of a Daubert Hearing - How the Sausage is Made
- Introduction of judge, expert witness, and lawyers, and the Daubert challenge
- Brief opening arguments
- Direct, cross, and redirect examinations
- Examination by the court
Participants: Nathan M. Schachtman, Mary A. Wells, David M. Cohen, Michael Williams, David Garabrant, M.D., M.P.H.
3:15 Networking Break
3:30 Discussion of Daubert Rulings and Cutting-Edge Developments in the Law and Practice of Expert Witness Challenges
- Provenance, imprimatur, and improvidence of the new Reference Manual on Scientific Evidence
- General causation: Weight of the evidence and the Milward decision
- Specific causation: Differential diagnosis - the Tamraz decision
- Untoward decisions: Hierarchy of evidence vs. radical leveling of evidence
Moderator: David M. Cohen
Speakers: Nathan M. Schachtman, Mary A. Wells, Michael Williams, Joseph S. Cecil, J.D., Ph.D., David Garabrant, M.D., M.P.H.
5:00 Program Adjourns
David Garabrant, M.D., M.P.H.
~ Emeritus Prof. of Occupational Medicine and Epidemiology, Univ. of Michigan School of Public Health, EpidStat Institute
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.New York City Hotel Accommodations
The New York Hilton & Towers,
1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also make reservations
online to access Practising Law Institute rates.The Warwick New York Hotel
, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com
Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: firstname.lastname@example.orgSheraton New York Times Square Hotel
, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book online
PLI seminars qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state.
Please check the Credit Information box to the right of each product description for credit information specific to your state.
Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.
Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.