Expert Witness Challenges Are Much More Likely to Succeed in Federal Court
We previously assessed the success rate of challenges to expert witness testimony during 2015. Now we compare the differing results for challenges brought in Federal Court versus those brought in State Court. The historical results show a dramatic difference.
In certain recent years, Daubert Challenges were twice as likely to be successful in Federal Court compared with challenges brought in State Court. Obviously, different jurisdictions within these broad categories will display a further variation of results. We encourage users to research specific courts and specific judges when it comes to assessing the likelihood of success for such challenges. (Courtroom Insight offers powerful search tools and filters that allow users to analyze the rulings of each judge for specific expert disciplines, areas of law, etc. Visit Courtroom Insight to learn more.)
This analysis is based upon a comprehensive review of over 100,000 challenges to expert witness provided by the Daubert Tracker and categorized by Courtroom Insight. Future blog posts will compare the success rates of such challenges for different professions.