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Practitioners often refer to mounting "a Daubert attack" -- as if there were only one type of attack you can make as the litigant opposing the introduction of expert testimony. In truth, writes professor Edward J. Imwinkelried, there are three different arguments that you can press. Litigants, he says, should not always treat Daubert as a threshold or target that they must meet. As highlighted in a footnote to the landmark case itself, they sometimes have other options.
May 13, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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