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Michael Hoenig is a member of Herzfeld & Rubin. Michael Hoenig

One of the arduous tasks of trial and appellate judges in complex litigations is to screen expert testimony for reliability. Does the evidence get past the admissibility gate, or not? The judges are thus called “gatekeepers” and, upon their determinations, rests much of the life or death of a complex case. Since the judges’ toil in the reliability vineyards is challenging, the litigating attorney for either side ought to view his or her role with some cautious gravity. Advocates wrangling over showings of reliability is serious business. A certain core of earnest diligence is called for. Preparation and structuring of proofs on expert reliability is rarely a shortcut exercise.

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