Monday, October 20, 2003

The Future of the Present

Learning from a post at overlawyered.com that American Lawyer/Corporate Counsel is running a multi-article series on the "Future of Litigation," we paid a visit and took a peek at the article on the current state of the Daubert wars, entitled "Inexact Science."

The piece concludes that with defense lawyers now filing Daubert motions reflexively, plaintiffs may find it increasingly difficult to locate counsel willing to face the expense and uncertainties of expert-intensive litigation.

Could happen.

posted by pn at 7:10 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.