Lost Profits Damages: Lessons Learned from Motions to Exclude Financial Experts
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In March 1999 The U.S. Supreme Court's Kumho Tire decision extended the Daubert admissibility criteria to non-scientific expert testimony. Ten years later, motions to exclude expert witnesses are on the rise, and the discovery process has become more perilous than ever. As electronic evidence rules have change, Daubert and other motions to exclude financial experts in lost profits cases have never been as prevalent. How does an expert balance the burgeoning discovery rules with the risks of being excluded?
Nancy Fannon and Jonathan Dunitz discuss the best ways to protect yourself from Daubert challenges and the lessons learned from ten years of excluded experts in Lost Profits cases.
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