Thursday, August 21, 2003

Omission of Daubert Hearing Transcript Waives Issue on Appeal, 7th Circuit Says

Attention, appellate practitioners! If you want to appeal an adverse Daubert ruling, be sure to include the transcript of the Daubert hearing in the record on appeal. In a trade secrets case, the Seventh Circuit has just held that a litigant waived the point by failure to do so. A summary of the panel's ruling in Learning Curve Toys, Inc. v. PlayWood Toys, Inc., No. 02-1916 (7th Cir. Aug. 18, 2003) (Ripple, Kanne & Rovner, JJ.), and a link to the opinion, can be found here.

posted by pn at 5:15 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.