Judge Richard Posner of the Seventh Circuit does not apply Daubert in rote fashion. No, he applies Daubert in his own inimitable way. Some notable Posner-isms on Daubert, deserving of citation in just about any case, follow. read more
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In Weisgram v. Marley Co.,528 US 440 (2000), the Supreme Court warned, "Since Daubert, moreover, parties relying on expert evidence have had notice of the exacting standards of reliability such evidence must meet. It is implausible to suggest, post- Daubert, that parties will initially present less than their best expert evidence in the expectation of a second chance should their first try fail." But the "second bite" approach is more common than you think. read more
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Litigants have long been on notice that the testimony of scientific experts which relies too heavily on animal testing is excludable. The most well-known example of this is General Elec. Co. v. Joiner, 522 U.S. 136 (1997). The third edition of the Manual on Scientific Evidence, however, advocates for broader admission of that testimony. read more
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