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Judge Andrews denies motion to strike “excessive” briefing on Daubert issues

Judge Andrews recently issued an order denying defendant’s motion to strike 60 pages of briefing on three Daubert motions.  B. Braun Melsungen AG v. Becton, Dickinson and Company, No. 16-411-RGA (D. Del. Dec. 5, 2017).  Judge Andrews denied the motion because, even though he wished “Plaintiffs had exercised some judgment about which Daubert issues were worth pursuing,” there is no rule preventing Plaintiffs from filing 60 pages of briefing.  Judge Andrews added, however, that Defendants can take heart in the fact that “excessive briefing of Daubert issues is usually a sign of weakness, not of strength.”  Id. at 1.

B.Braun 16-411

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