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Mass Tort & MDL

Daubert Challenge

A motion to exclude expert testimony as unreliable under Federal Rule of Evidence 702.

The court acts as gatekeeper, assessing whether expert opinion rests on sufficient facts, reliable principles and methods, and a reliable application of those methods. In mass torts a general causation Daubert ruling is frequently case-dispositive for the entire inventory. Rule 702 was amended effective December 2023 to emphasise that the proponent bears the burden by a preponderance.

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