Who pays the expert for Daubert hearings?

Not the opposing party says the Fifth Circuit....

From BullsEye Newsletter: JUNE 2007, Robert Ambrogi, Editor

A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled. "A Daubert hearing is not a discovery proceeding but an evidentiary hearing designed to screen expert testimony," the court reasoned.

The ruling came in a toxic tort case in which the 5th Circuit also upheld the trial court's exclusion of expert testimony linking the toxic chemical benzene to plaintiffs' cancers. The court said, although Fed. R. Civ. P. 26(b)(4)(C) allows a party to recover discovery costs relating to expert witnesses, the rule does not extend to the $64,000 in expenses these plaintiffs incurred in securing their expert's testimony at the Daubert hearing.

This something for all parties to be aware of....

Wage and hour seminar for CA attorneys - June 20

Interesting wage and hour CLE: Costa Mesa, CA, June 20, 2007

This is the first major conference following the important ruling in Murphy v. Kenneth Cole. This one-day program explores in detail the critical aspects of Wage & Hour litigation with a focus on California.

Faculty: Rene Barge of the Class Action Litigation Group, Michael Walsh of Walsh and Walsh, Greg Labate of Sheppard Mullin, Andrew Satenberg of Manatt Phelps and Phillips, Marc Primo of the Initiative Law Group and more speakers to be confirmed.

Seminar Details: For additional seminar information http://reconferences.com/upcomingprograms2.html
Location: Westin South Coast Plaza Hotel
Time: 9:00 a.m. to 4:30 p.m.
To Register: Register online at: http://www.reconferences.com
By phone: (818) 783-7156By fax: (818) 784-7701