Litigators! Substantive amendments have been proposed to Federal Rule of Evidence 702. The public comment period closes February 16.
Rule 702 was last amended substantively in 2000, soon after the concluding chapter in...more
The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more
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
7/30/2019
/ Admissibility ,
CA Supreme Court ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Expert Witness ,
Kelly-Frye Test ,
Lockheed Martin ,
Recusal ,
Reliability Standards ,
Rule of Evidence 702
The Aftermath of Marsh -
When the Marsh case was decided in 2007 its broad interpretation of the “pure opinion exception” and narrow vision of the role of Frye took Florida expert evidence admissibility law well out of the...more
7/8/2019
/ Admissibility ,
Appeals ,
Causation ,
Daubert Standards ,
Evidence ,
Expert Testimony ,
Florida ,
Kelly-Frye Test ,
Legislative Agendas ,
Motion to Exclude ,
Reversal ,
Rule of Evidence 702 ,
Scientific Research ,
Statutory Interpretation ,
Summary Judgment ,
Trial Court Orders
The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye...more