Fish & Richardson Launches Daubert Digest Resource to Track Daubert Trends

Friday, October 21, 2016 - 23:21

Fish & Richardson today announced that it has launched a new "Daubert Digest" online resource that provides a single source for decisions under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).  The Daubert Digest offers concise case summaries—which make it easier to track Daubert trends without having to read the full opinions—prepared by Fish attorneys who are highly experienced at presenting and defending against expert testimony in a wide range of cases in federal courts.  The summaries cover cases across all practice areas, including from patent litigation to product liability, breach of contract, and employment.

The Daubert decision announced the standard for determining whether expert testimony meets the requirements of the Federal Rule of Evidence.  Under theDaubert standard, the admissibility factors are: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4) the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.

The cases collected on the Daubert Digest can be sorted by area of law, expert’s name, area of expertise, judge, grounds for challenging expert testimony, and whether the expert testimony was admitted or excluded.  

"Fish & Richardson’s practice has long focused on science-intensive and technology-intensive cases where expert testimony is front and center, from patent litigation to product liability and consumer class actions.  Clients have commented that Fish is the expert on experts,” said Olga May, a principal at Fish & Richardson who led the development of the Daubert Digest.  "Different types of cases require different approaches to expert testimony.  There have been thousands of Daubert decisions, but we have not come across a free public resource that continuously provides summaries or analysis of the decisions.  Our Daubert Digest will allow practitioners or anyone interested in Daubert to stay current on trends and developments without having to read every word of every case.”

The Daubert Digest database starts with cases decided in April 2016 and will be updated regularly.