Judge Will Wait Till Trial In Wrongful Death Suit To Act As Daubert Gatekeeper

Mealey's (September 27, 2019, 8:36 AM EDT) -- GREAT FALLS, Mont. — A Montana federal judge on Sept. 24 decided to wait until trial to rule on the admissibility of testimony by a medical expert for a family suing the government for wrongful death, agreeing with the Ninth Circuit U.S. Court of Appeals on the court’s gatekeeping role for vetting expert testimony that when there is a bench trial, “‘there is less need for the gatekeeper to keep the gate when the gatekeeper is keeping the gate only for himself’” (Barbara A. Gibson, et al. v. United States, No. 18-112, D. Mont., 2019 U.S. Dist. LEXIS 163372)....