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Expert Testimony Daubert Standards Rule of Evidence 702

Faegre Drinker Biddle & Reath LLP

Plaintiffs’ Second Bite at the General Causation Apple Fares No Better Than the First in Acetaminophen MDL

In December 2023, back when the ink was still drying on the amendments to Federal Rule of Evidence 702, the Southern District of New York excluded all five general causation experts proffered by plaintiffs in the In re...more

Faegre Drinker Biddle & Reath LLP

Peer Review Can’t Save “Junk Science” from FRE 702 Judicial Gatekeeping – In re: Roundup Court Excludes Expert Whose Opinions Had...

When tasked with assessing the admissibility of expert testimony under Federal Rule of Evidence 702, courts often cite the so-called Daubert factors as criteria that guide the inquiry. Among those factors is “whether the...more

Faegre Drinker Biddle & Reath LLP

Northern District of Illinois Holds that Seventh Circuit Precedent is Incompatible with Rule 702 as Amended

In explaining the December 2023 amendments to Federal Rule of Evidence 702, the Advisory Committee called out several ways in which “many courts” had “incorrectly” applied Rule 702 and failed to adequately discharge their...more

Faegre Drinker Biddle & Reath LLP

Old Habits Die Hard: First Circuit Cites Newly Amended Language of FRE 702 But Follows Abrogated Precedent Instead

The longer and more frequently a principle is repeated by the courts, the more difficult it can be for courts to acknowledge change. As illustrated by the First Circuit’s opinion in Rodriguez v. Hospital San Cristobal, Inc.,...more

Faegre Drinker Biddle & Reath LLP

Amended FRE 702 Arrives in MDL Practice: S.D.N.Y. Excludes Plaintiffs’ Experts in Acetaminophen MDL

The Committee Notes to the newly implemented amendments to Federal Rule of Evidence 702 make clear that the “[j]udicial gatekeeping” of expert evidence is “essential.” Federal courts in New York have played an important role...more

Faegre Drinker Biddle & Reath LLP

Something to Celebrate: A Brief Guide to the FRE 702 Amendments

Fun fact: There are 23 holidays that can be celebrated today, December 1st. Some, like Rosa Parks Day and World AIDS Day, are solemn and serious. Others are silly and fun, like National Peppermint Bark Day and National...more

IMS Legal Strategies

Working with Experts Under the New 702 Rule

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

Faegre Drinker Biddle & Reath LLP

Courts Are Citing the Rule 702 Amendments – And Litigants Should, Too

Though the pending amendments to Federal Rule of Evidence 702 have not taken effect officially yet, courts already have begun to cite them. Early signs indicate the potential that, consistent with the comments by the Advisory...more

Bradley Arant Boult Cummings LLP

Court Allows Expert Testimony Regarding Measured Mile Analysis Comparing Work on Different Projects

Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses...more

Faegre Drinker Biddle & Reath LLP

What Dose Makes the Poison? Where Expert Cannot Say, Eleventh Circuit Affirms Summary Judgment

A central tenet of toxicology is that “the dose makes the poison.” Every chemical is toxic if enough of it is consumed, and every chemical has some dose – even if miniscule – at which it poses no significant risk. A chemical...more

IMS Legal Strategies

Working with Experts after Proposed 702 Rule Changes

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

Faegre Drinker Biddle & Reath LLP

The Zantac Rule 702 Order: TLBR (Too Long, But Read)

On opening an opinion, lawyers habitually roll their eyes when they see a table of contents. Even more so when they learn the opinion is over 300 pages. The MDL order granting defense motions to exclude experts and for...more

Goldberg Segalla

Parties Trade Blows as Court Rules to Preclude Expert Opinions

Goldberg Segalla on

U.S. District Court for the Middle District of North Carolina, August 11, 2022 The late Robie Walls brought this asbestos action in early 2020 after a mesothelioma diagnosis. He alleged asbestos exposure from his service...more

Epstein Becker & Green

One Step Closer to a Revised Standard for the Admissibility of Expert Testimony Under Rule 702

Epstein Becker & Green on

The Judicial Conference of the United States’ Committee on Rules of Practice and Procedure seems poised to advance proposed amendments to Federal Rule of Evidence 702, after the Advisory Committee on Evidence unanimously...more

Faegre Drinker Biddle & Reath LLP

It’s not what happened, but why: First Circuit rejects conclusory, unsupported expert opinions

It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more

Butler Weihmuller Katz Craig LLP

Doctors, Scientists, & Engineers - Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more

Freeman Law

Expert Witnesses and the Daubert Standard

Freeman Law on

Expert testimony is often critical to establish a claim or defense. Expert testimony is allowed where scientific, technical, or other specialized knowledge will assist the judge or jury to understand the evidence in a case...more

Jenner & Block

Ninth Circuit Rejects Challenges to Conjoint Analysis in Consumer Class Action

Jenner & Block on

In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more

Faegre Drinker Biddle & Reath LLP

Northern District of Illinois Excludes Engineering Expert’s Testimony and Grants Partial Summary Judgment, Fulfilling its...

For over two decades, dating back to Daubert and the ensuing amendments to Rule 702, federal district courts have been charged to act “as gatekeepers to exclude unreliable expert testimony.” Fed. R. Evid. 702 advisory...more

Faegre Drinker Biddle & Reath LLP

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

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

Butler Snow LLP

Solving the Problem of Daubert’s “Shaky but Admissible Evidence”: An Amendment to Federal Rule of Evidence 702 May Be Forthcoming

Butler Snow LLP on

In the face of extraordinary challenges, 2020 has yielded profound developments within the scientific community: from the accelerated development and approval of highly effective and safe vaccines normally years in the making...more

Womble Bond Dickinson

Science Should Lead the Law: Amending FRE 702 to Let Science Guide Legal Outcomes

Womble Bond Dickinson on

The Advisory Committee on Evidence Rules will continue this fall its ongoing discussions on amendments to Federal Rule of Evidence (FRE) 702. The two possible amendments being considered for FRE 702 include...more

Proskauer - Minding Your Business

No Amendment to Federal Rule of Evidence 702, At Least For Now

Federal Rule of Evidence 702, which governs the admissibility of expert testimony, was most recently amended in 2000 in response to Daubert and its progeny. In response to concerns about misapplication, the Advisory Committee...more

Faegre Drinker Biddle & Reath LLP

Whither Roberti? The Cockroach Precedent - An Exercise in Magical, Wishful Thinking

Amateur philosophers, bar flies, and eulogists, among others, are known to wistfully observe that nothing dies so long as it is remembered and discussed. That’s a comforting sentiment when it comes to loved ones and legacies,...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 3

In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the...more

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