News & Events
Hearings this week to decide if Kuehne defense will wash
September 21, 2009, Daily Business Review / JUSTICE WATCH
By John Pacenti
EXCERPT:
In the federal case against Ben Kuehne, the defense has successfully undermined the government’s foundation.
. . .
Paul Schwiep, a Miami attorney who has written on expert testimony, said federal judges take their gatekeeper function seriously to prevent the admission of testimony from unreliable experts. They assess an expert witness based on a number of factors, such as whether the theories presented are generally accepted and published in peer-reviewed articles.
“Where the testimony is based on expert’s experience, the federal judge has broad discretion,” said Schwiep, a partner at Coffey Burlington. “In civil and criminal federal trials, judges have tightened admissibility to ensure expert testimony has a indicia of reliability for a jury to consider.”
READ THE ENTIRE ARTICLE: