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Supreme Court's Daubert Guidance Is Alive and Well

, The Legal Intelligencer


One would expect that, in the more than 20 years since the U.S. Supreme Court's seminal decision regarding admissibility of expert witness testimony, the parameters of proving fundamental issues would no longer be fodder for preclusion motions. U.S. District Judge Katherine Forrest of the Southern District of New York's recent ruling in IBEW Local 90 Pension Fund v. Deutsche Bank AG reinforces that the Supreme Court's guidance in Daubert v. Merrell Dow Pharmaceuticals and its progeny, including amended Federal Rule of Evidence 702, is alive and well.

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