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Supreme Court of the United States › Daubert Standards

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Rumberger | Kirk

No Sea Changes to See Here in 2023 Amendment to Rule 702

Rumberger | Kirk on

New Amendment Reiterates and Reinforces the Existing Standard for Admissibility of Expert Testimony - On December 1, 2023, the United States Supreme Court adopted the Rules Committee’s proposed Amendment to the Federal...more

McManis Faulkner

The New Daubert Standard: Implications of Amended FRE 702

McManis Faulkner on

In December of 2023, Federal Rule of Evidence 702 was amended. This provision is commonly known as the Daubert standard. The Advisory Comments state the amendment is only intended to clarify the standard and promote...more

Foley & Lardner LLP

Acetaminophen MDL: Judge Excludes All of Plaintiffs’ Causation Experts Pursuant to Newly-Amended FRE Rule 702

Foley & Lardner LLP on

On December 1, 2023, amendments to Federal Rule of Evidence (FRE) 702 geared toward emphasizing and explaining the responsibility of the judge as a “gatekeeper” for expert testimony took effect. On December 18, 2023, one of...more

Adams and Reese LLP

Clarifying the District Court’s “Gatekeeping” Responsibility

Adams and Reese LLP on

Recent Amendments to the Rules Governing Admissibility of Expert Testimony in Federal Rule of Evidence 702 - In litigation, everything ultimately boils down to proof; that is, how the parties prove their claims and defenses....more

Proskauer - Minding Your Business

Amendments to Federal Rule 702, Now in Effect

Proskauer - Minding Your Business on

Last year, we previewed impending changes to the federal rule that governs the admissibility of expert testimony: Federal Rule of Evidence (FRE) 702. Since our last blog post on this topic, Congress and the U.S. Supreme Court...more

Harris Beach PLLC

National Mass Torts: 2022 Year in Review

Harris Beach PLLC on

Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more

White and Williams LLP

Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing

White and Williams LLP on

In Smith v. Spectrum Brands, Inc., 2022 U.S. Dist. LEXIS 142262, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiffs’ liability expert met the...more

Faegre Drinker Biddle & Reath LLP

Exclusion of Damages Expert at Class Certification Stage Results in Partial Denial of Certification Motion

Faegre Drinker Biddle & Reath LLP on

Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more

Smith Gambrell Russell

Georgia General Assembly Passes HB 478: Establishes Daubert Evidentiary Standard in Georgia Criminal Cases

Smith Gambrell Russell on

On Wednesday, March 30, 2022, the Georgia General Assembly passed HB 478 to extend the Daubert evidentiary standard for expert testimony in Georgia criminal prosecutions. The move to adopt Daubert for criminal matters was...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Amended FRE 702 Confirms Court as Gatekeeper of Expert Testimony

Pillsbury Winthrop Shaw Pittman LLP on

New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702 will promote uniformity in application of the Rule...more

Faegre Drinker Biddle & Reath LLP

The Rule 702 Toolbox: How Do You Solve a Problem Like the Ninth Circuit?

Faegre Drinker Biddle & Reath LLP on

There has been much discussion recently about how Rule 702 is in need of a tune-up to better guide district courts’ gatekeeping. More about that soon. But a case now pending before the Supreme Court, Monsanto Company v....more

Foley & Lardner LLP

Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible to Support Class Certification, but Approves Stringent Claim...

Foley & Lardner LLP on

At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982),...more

King & Spalding

Fifth Circuit Instructs District Courts to Apply Daubert at the Class Certification Stage

King & Spalding on

On January 22, 2021, the Fifth Circuit vacated certification of a putative class action against chemical manufacturer Arkema Inc., holding that courts must conduct a full Daubert analysis when expert testimony is relevant to...more

Bradley Arant Boult Cummings LLP

Setting Boundaries for the Field of Discretion: Fifth Circuit Clarifies that Daubert Standard Applies to Expert Opinions at Class...

Bradley Arant Boult Cummings LLP on

In a decision that narrows the path to class certification in federal court, the Fifth Circuit has held that a plaintiff must clear the Daubert hurdle when expert evidence is relevant to the decision of a federal court to...more

White and Williams LLP

Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony

White and Williams LLP on

Many subrogation claims involving fire losses rely heavily on expert testimony. Expert testimony is admissible under Federal Rule of Evidence 702 if it is both relevant and reliable. In Daubert v. Merrell Dow Pharmaceuticals,...more

McGuireWoods LLP

Defying Expectations, Supreme Court’s Tyson Decision Avoids “Broad and Categorical Rules” on Use of Statistical Evidence in Class...

McGuireWoods LLP on

Expectations were high in the class action world for the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo. At first blush, however, Tyson seems to be neither the test case nor the blockbuster decision that...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

Orrick, Herrington & Sutcliffe LLP on

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

K&L Gates LLP

The Supreme Court Charts a Narrow Course in the Use of Statistical Evidence at Class Certification

K&L Gates LLP on

The United States Supreme Court recently ruled in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, --- S. Ct. ---, 2016 WL 1092414 (U.S. Mar. 22, 2016), as to when a plaintiff may use statistical sampling in seeking to certify a...more

Orrick - Employment Law and Litigation

Pork Processing Plant Employees Can Keep the Bacon: Supreme Court Affirms Jury Award and Permits Proof of Wage and Hour Class...

Orrick - Employment Law and Litigation on

While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more

BakerHostetler

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

BakerHostetler on

In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to...more

Pierce Atwood LLP

Defendants should embrace, rather than fear, Tyson Foods

Pierce Atwood LLP on

As my colleague, Katherine Kayatta, alluded to in her detailed post earlier this week, much of the initial commentary on the Supreme Court’s Tyson Foods decision has been to the effect that the decision may crack open the...more

Sherman & Howard L.L.C.

Class Averaging

Sherman & Howard L.L.C. on

The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22,...more

Robinson+Cole Class Actions Insider

Insights from DRI Class Action Seminar 2015 – Part 1

Robinson+Cole Class Actions Insider on

As I’ve done in past years, this post and the next one will summarize some takeaways I gleaned from this year’s DRI Class Action Seminar. Impact of Dart Cherokee: Nowell Berreth, who argued this case in the Supreme...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - January 2014

Proskauer Rose LLP on

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

McCarter & English, LLP

The Admissibility of Opinions Contained in Public Records

McCarter & English, LLP on

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more

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