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I Object! A Blog on Preservation of Error

Daubert/Frye Best Practices

September 6, 2016 10:41 AM | Posted by E. Kelly Bittick | Permalink
In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case decided last year raises the question, “What is a Daubert motion?” read more
June 17, 2015 9:45 AM | Posted by Dean A. Morande | Permalink
Preservation of Error TipsMost practitioners would agree that, if the court excludes an expert based on a Daubert or Frye challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s testimony in order to preserve any potential error for appeal. But what if the court excludes only a portion of the expert’s opinion? Is a proffer necessary to allow for meaningful appellate review? read more