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
Most courts (but certainly, and unfortunately, not all of them) recognize that cherry-picking is a cardinal sin under Rule 702. Science generally requires a rigorous and conservative approach to evaluating cause-and-effect...more
In the “Daubert trilogy,” Rule 702 spawned three children, all special in their own way. The firstborn, Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), naturally receives most of the attention, being the pioneer....more