Faulty Daubert Rulings No Longer Automatically Require A New Trial, Ninth Circuit Holds En Banc

In United States v. Bacon, No. 18-50120 (9th Cir. Nov. 5, 2020) (en banc), the Ninth Circuit overrules several prior decisions holding that the only remedy for an erroneous ruling on expert testimony under Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Fed. R. Evid. 702 is a new trial. Instead, theContinue reading “Faulty Daubert Rulings No Longer Automatically Require A New Trial, Ninth Circuit Holds En Banc”

Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit

In United States v. Heinrich, No. 19-3035 (3d Cir. Aug. 18, 2020), the Third Circuit holds that the district court failed to exercise discretion by assigning a law clerk to inform the lawyers of the ruling by phone, then failing to docket a written explanation. The defendant plead guilty on a child pornography conditioned onContinue reading “Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit”