Tag: Daubert

Daubert Still the Law Despite Court’s Ruling

Posted on by Hamilton

On January 27, 2011, Gov. Walker signed into law 2011 Wisconsin Act 2, which contained numerous civil liability reforms supported by the Wisconsin Civil Justice Council. One of the most important pieces of this legislation was the adoption of the Daubert standards for the admission of expert opinion evidence, bringing Wisconsin in line with the entire federal system and a majority of states.

Thanks to Act 2, Wis. Stat. § 907.02 now requires experts to be qualified by knowledge, skill, experience, training, or education. Testimony must be based upon sufficient facts or data, it must be the product of reliable principles and methods, and the witness must apply the principles and methods reliably to the facts of the case.

While it is clear that Daubert is now the absolute standard for expert testimony going forward, a recent court of appeals decision highlights the fact that there are still a limited number of cases in which it may not be applied because those cases were ongoing before the new law (Act 2) went into effect. Continue reading “Daubert Still the Law Despite Court’s Ruling” →

Wisconsin Civil Justice Council Receives Outstanding Organization Award

Posted on by Hamilton

The Wisconsin Civil Justice Council has gained national recognition for its role in passing sweeping legal reforms in 2011 and its continued commitment to combating lawsuit abuse.

Members of WCJC and WMC traveled to the U.S. Chamber Institute for Legal Reform’s 14th Annual Legal Reform Summit in Washington, D.C. to accept the award. Continue reading “Wisconsin Civil Justice Council Receives Outstanding Organization Award” →

Importance of Daubert to the Practice of Law in Wisconsin

Posted on by Hamilton

One of the most important pieces of legislation adopted in the special session on civil justice earlier this year was the adoption of the Daubert standards for the admission of expert opinion evidence, bringing Wisconsin in line with the entire federal system and a majority of states.

“When hearing about the change to the Daubert standard for expert evidence in Wisconsin, some defense lawyers may think it is just for those handling toxic tort cases and that they don’t need to concern themselves with the new standard for admissibility of expert evidence.

Their thinking might be that with the usual experts in an auto case – accident reconstruction, orthopods, neuropsychologists, life care planners and vocational experts – there will be no change in their practice. And, further, that if there is going to be a Daubert challenge, there will be a motion hearing and plenty of time to get up to speed when that comes along.

Wrong! Savvy trial lawyers are going to begin laying Daubert traps in deposition questioning, and then sit back and wait until after direct examination, to bring a motion to strike an expert on Daubert grounds because an appropriate Daubert foundation has not been laid.

The Daubert standard will have to be part of the preparation of experts in all cases and not just toxic tort cases.“

–Why Daubert Knowledge and Expertise is Critical, Ric Gass, Gass Weber Mullins LLC

The Wisconsin Civil Justice Council (WCJC) is hosting Daubert Comes to Wisconsin, a 7 CLE credit* summit on expert evidence.

WCJC’s one day “summit” is for trial lawyers and in-house counsel who are engaged in the defense of civil litigation as well as those lawyers who represent businesses and professionals, and whose litigation fate relies heavily on the admissibility – or non-admissibility – of expert testimony, including the elimination of “junk science.”

We invite you to attend this exceptional CLE program on January 11, 2012 at the Milwaukee Marriott West.

WCJC is proud to partner with the Wisconsin Defense Counsel (WDC), the Wisconsin Insurance Alliance (WIA), the Wisconsin Hospital Association (WHA) and the Wisconsin Association of Manufacturers and Commerce (WMC) in sponsoring Daubert Comes to Wisconsin.

*Attorneys admitted to the practice of law in odd-numbered years and who wish to maintain an active law license in Wisconsin must complete their continuing legal education (CLE) credits by January 31, 2012, and file their CLE report by February 1, 2012, in order to avoid late fees and other potential penalties.