Today, the Daily Business Review reported a 2011 PricewaterhouseCoopers' study on the effects of the Daubert standard. It found a 250 percent increase in Daubert challenges to all types of experts from 2000 to 2010. In 2010, there was a 49 percent success rate in witness testimony being stricken in whole or in part. This could be hugely detrimental since in many cases, expert witnesses do not live in the jurisdiction where the case will be tried. This entails the expert witness travelling, giving testimony and answering the judge's questions in a Daubert hearing. This will certainly increase litigation costs for plaintiffs.
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