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Daubert Motion Granted Where Expert Concedes to No Scientific Methodology

Sarah R. Goldberg and Charles Handel Watkins | May 22, 2020

Charles H. Watkins and Sarah R. Goldberg, of our Miami office, won a Daubert motion successfully striking Plaintiff’s star witness on causation. At the first Daubert hearing, the judge asked for a further memorandum of law addressing one discreet question posed by the judge: “I need to know if the methodology the witness is using throughout, based on his experience, if that is sufficient to constitute reliable principles under Daubert?” Using an excellent memorandum of law that Sarah drafted and researched, Charles resoundingly responded to the Court’s inquiry in the negative and persuasively relied on the expert’s deposition transcript and testimony from the evidentiary hearing to support his position. Specifically, the expert conceded to the court that he did not utilize a scientific methodology or analysis in forming his opinions. Plaintiff attempted to file an affidavit of a different expert in support of the first expert, but the court rightfully brushed that affidavit aside as improper bolstering and struck the expert.

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