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April 15, 2016

John Sear Comments on Daubert Exclusions in Bloomberg BNA Articles

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Minneapolis Partner John Sear offered his thoughts on the reputational harm to experts from Daubert exclusions for a Bloomberg BNA article series. John's comments were included in the Toxics Law Reporter, Product Safety & Liability Reporter, and the Class Action Litigation Report

Having worked with hundreds of experts over the years in his product liability practice, John discusses importance of finding "tried and true experts" and how detrimental a Daubert exclusion can be not only to a case, but also to the expert's reputation. He told Bloomberg BNA in the Toxic Law Reporter that "exclusions based on qualifications or methodology 'haunt' experts in future cases."

"In high-stakes litigation, there are too many other things to worry about without adding the quality and re-liability of your own expert’s work to the list," he said.

John also explains in the Product Safety & Liability Reporter that, "[b]ecause expert testimony admissibility determinations are highly discretionary and often heavily fact-dependent, merely because an expert's testimony is excluded in one case does not necessarily mean it will be excluded in other cases, even other similar cases."

Click on the images below to read John's full quotes in each report. 

Cover Page of Bloomberg BNA Toxics Law ReportCover Page of Bloomberg BNA Product Safety & Liability  ReporCover Page of Bloomberg BNA Class Action Report