Judge Rules on Defendant's Daubert Motion, Allows
Expert Witnesses to Testify in Alabama Ephedra Case

BIRMINGHAM, Ala.- A federal judge has denied a defense motion to preclude the testimony of two expert witnesses in a lawsuit against the manufacturers of an ephedra-containing Metabolife product, stating the defendants failed to produce a legitimate challenge. McClain, et al., v. Metabolife International Inc., et al., No. 01 AR 1801-S (N.D. Ala.).

U.S. District Judge William M. Acker Jr.'s June 13 order denying the motion notes that defendant Metabolife International, in challenging the plaintiffs' experts, raised a credibility issue rather than a Daubert issue when the defendant referred to one doctor as 'glib, albeit knowledgeable.'

'Daubert does not require …