Daubert Track

Daubert Track

Daubert Track

A Daubert track schedules general causation expert disclosure, discovery, briefing, and hearing as a separate phase, with individual case work deferred pending the ruling.

It typically follows Science Day and precedes bellwether selection.

Alternative Names:

Science Day and Daubert Track, General Causation Track

Why it Matters?

Sequencing general causation first is the most consequential case management decision in a scientific mass tort, because a defense ruling ends the entire proceeding while a plaintiff ruling removes the defendant's strongest argument. Defendants generally seek early sequencing to obtain that ruling before discovery costs accumulate, while plaintiffs prefer developing the record first. The transferee judge's preference on this point is worth researching before centralization.

Frequently Confused with

Related terms

Frequently asked questions

Why sequence general causation first?

Why sequence general causation first?

Because a defense ruling ends the entire proceeding, while deferring it means incurring full discovery costs before the dispositive question is answered.

Do all MDLs use a Daubert track?

Do all MDLs use a Daubert track?

No. Sequencing varies substantially by judge, which is why the transferee court's practices are worth researching before centralization.