od's operation, and whether the method is accepted by the expert community. United States v. Kidd, 385 F. Supp. 3d 259, 263 (S.D.N.Y. 2019) (citing Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579, 593-94 (1993)). But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. N

5 (2d Cir. 2017). To determine whether an expert's method is reliable, the Court considers the non-exhaustive list provided by the Supreme Court in Daubert, including whether the expert's method has been tested, whether it has been subjected to peer review, the rate of error, standards controlling the m

t is the Defense's motion to exclude the Government's expert witness, Dr. Lisa Rocchio, pursuant to Federal Rule of Evidence 702 and the standard in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dkt. No. 386. The Government filed a response brief, Dkt. No. 397, and Defendant filed a

From: 'a" alMIE> To: 'a im ISANYS2:nUSANYS)" Subject: Daubert motion Date: Mon, 08 Nov 2021 00:59:53 +0000 Attachments: Motion_to_preclude_Dietz_and_Loftus_v4.docx Hi team, In the interest of expediency, her

From: "a" To: : 1.1NIT' ,MEMI. )i Subject: RE: Daubert motion Date: Mon, 08 Nov 2021 03:03:42 +0000 Attachments: Motion_to_preclude_Dietz_and_Loflus_v5.doex Hi all, Here's a version that incorporates

ctly you're looking for, I'd be happy to recommend someone who might be a better fit. With that being said, I just testified earlier this week in a Daubert Hearing for Federal Prosecutor . I'm sure that you might find the hearing transcript of interest at a minimum, and it sheds light in the content

utting in so much work over the last few days to help us keep out Dr. Hall. From: Sent: Sunda November 14, 2021 11:41 PM To: Cc: Subject: Second Daubert Motion Hi Chiefs, I hope you had a nice weekend! Attached is our second Doubert motion for your review. It is due tomorrow. Thanks, Assistant Uni

From: To: Cc: Subject: RE: Second Daubert Motion Date: Mon, 15 Nov 2021 20:38:09 +0000 Attachments: Motion_to_precludeyall_o_al_v3_JME.docx Thanks guys. IM's comments are in the attached.

ives and reviews the documents they have in mind. Doing so, however, would almost certainly lead to mid-trial Dauber! briefing, possibly a mid-trial Daubert hearing, and late-breaking rebuttal expert notice by the Government. The better course is to require the defense to identify, immediately, the docu

ndant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as di

ndant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as di

endant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as di

know and I'll ask to revise. Thanks. From: Sent: Sunday, November 7, 20213:00 PM To: Subject: RE: joint letter Can we all dial into the call on Daubert and then talk about that? From: Sent: Sunday, November 7, 2021 2:57 PM To: Subject: RE: joint letter I'm actually thinking maybe we should all t

for everyone's excellent work on this—really impressive stuff. From: Sent: Sunday, November 7, 2021 10:04 PM To: (USANYS) c sc M > Subject: RE: Daubert motion Hi all, Here's a version that incorporates the Loftus section. The plan is to have a draft in the chiefs' inbox when they wake up, so if fo

help incorporate any of their comments/do other revisions/etc. From: I Sent: Sunday, November 7, 202111:20 PM To: ) >; (USANYS) Subject: RE: Daubert motion > Here are one or two very small things. This looks great to me, and I defer to you guys on the bigger picture stuff, since you're closer t

ng today Team, We have three things due today: (1) the bail opposition, (2) the letter saying we don't object to preliminary instructions, and (3) Daubert. Looks like items 1 and 2 are done, so when we talk this morning let's discuss a timetable for getting stuff docketed. I think and I should probabl

indows: • Anytime after 12 p.m. on June 14th • Anytime before 12 p.m. June 15th We chatted as a team, and we're going to be working on the RTC and a Daubert motion over the summer, as we discussed. Time permitting, we're likely going to work ahead on a 404(b) motion as well. Thanks, Assistant United St

evening after 7:30 - would that work for ou? On Sun, Oct 31, 2021 at 7:53 PM (USANYS) c ) wrote: Than s or your time earlier today. I'm attaching Daubert-related briefing in the case. After you have had a chance to review, let's find a time to speak on the phone. Please let us know some times that wor

From To: Cc: Subject: RE: Daubert motion Date: Tue, 09 Nov 2021 03:37:45 +0000 Attachments: Exhibit_B.pdf (USANYS)" Thanks, I'd been planning to redact the exhibits, but the atta

From: in" alMIE> To: ' SS)" a, (USANYS)" Cc: ir I Subject: MIL opps - Daubert Date: Fri, 22 Oct 2021 19:39:14 +0000 Attachments: Daubert_v3.docx (USANYS)" Had Attached is a draft response to their Daubert motion. You'll se