Saturday, January 15, 2005

Trial Court's Dissatisfaction with Daubert Does Not Excuse Failure to Object

A January 14 opinion from the Seventh Circuit imparts two pieces of learning:

(1) A Daubert challenge to one expert does not suffice to preserve a Daubert challenge to another.

(2) The trial court's expression of dissatisfaction with Daubert's requirements does not excuse the failure to raise and preserve a Daubert objection.

See Estate of Moreland v. Dieter, No. 03-3734 (7th Cir. Jan. 14, 2005) (Rovner, Wood, & Sykes, JJ.).

posted by pn at 5:27 PM  

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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.