Update on Daubert Motions in MDL
In a recent development, MDL Judge Michael A. Shipp has decided to allow for a complete re-submission of Daubert motions in light of updates to Federal Rule of Evidence 702, new scientific developments, and considerations highlighted in Chief Judge Wolfson’s prior Daubert Opinion. Parties involved in the litigation are directed to file their Daubert motions by July 23, 2024, with any counterarguments to be submitted by August 22, 2024. Notably, the court will not accept any reply submissions.
This decision raises questions about its rationale, especially considering that the Rule 702 changes may not significantly impact the case. Some speculate that this move could be intended to pressure plaintiffs into settlement. However, any reversal of the previous 2020 Daubert order by Judge Shipp could significantly increase the chances of an appeal and further prolong the litigation process.
