Given the profound impact expert testimony can have on any case, it’s important to make sure that expert witnesses are, in fact, appropriately qualified. Parties can ask the court to vet potential expert witnesses by filing a Daubert motion, which “assign[s] to the trial judge the task of ensuring that an expert’s testimony both rests on a reliable foundation and is relevant to the task at hand.” But what happens after the judge has passed a Daubert ruling? In an article published by the American Bar Association, Faegre Baker Daniels partner Joe Winebrenner and associate Jeff Wojciechowski discussed how litigators should respond when a Daubert order has been issued—regardless of whether the judge ruled in their favor.
“In the wake of a Daubert order, regardless of its outcome, litigants need to carefully consider their steps so as to maximize the advantage or mitigate the damage, whatever the case may be," the article said. "This article discusses some best practices for litigating in the aftermath of the Daubert ruling.”