Category Archives: Expert Witnesses

Daubert In Virginia State Court: Where Do Things Stand Now?

The past few months have seen a flurry of developments as to the extent to which Daubert and its progeny are authoritative in Virginia state court proceedings. First, as I discussed in a blog post on May 17, 2015: The Virginia Supreme Court recently issued its ruling in Hyundai Motor Company v. Duncan, 766 S.E.2d 893 (2015) which cited the United States Supreme Court case of General Elec. Co. v. Joiner, 522 U.S. 136 (1997). General Elec. Co. is significant because it interpreted Daubert and expanded on its holding. The Virginia Supreme Court in turn justified its citation of General …

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New Ruling Has Implications for Expert Witnesses in Estate Litigation Matters

Editor’s Note: this blog post has since been superseded by new events. To see a discussion of the new events, please click here.   The other month, the Virginia Supreme Court issued an opinion that could have potentially significant implications for the use of expert witnesses in estate litigation matters. The ruling appears to bring Virginia law closer to the federal Daubert standard for the admissibility of expert witness testimony. First some background: In 1993, the United States Supreme Court ruled in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) that the then-current test for the admissibility of expert …

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