Counsel Stephen Raiola recently authored an article in the On Appeal newsletter of the Bar Association of the Third Federal Circuit. Titled “The Third Circuit Explains How Its Expert Witness Parity Principle Interacts with Daubert’s Gatekeeping Function,” the article provides an analysis of Cohen v. Cohen, 125 F.4th 454 (3d Cir. 2025).
The article examines the Third Circuit’s clarification of its expert witness parity principle—the idea that if one party introduces expert testimony, the opposing party may present expert testimony on the same subject to rebut it. The article explores how this principle operates alongside the Daubert standard, emphasizing that Daubert’s gatekeeping role remains fully intact regardless of whether a rebuttal expert is offered.
To read the May 2025 issue of On Appeal, please click here.
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