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
12/14/2022
/ Cancer ,
Causation ,
Daubert Standards ,
Expert Testimony ,
Expert Witness ,
Multidistrict Litigation ,
Over The Counter Drugs (OTC) ,
Prescription Drugs ,
Rule of Evidence 702 ,
Summary Judgment ,
Toxic Chemicals
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
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
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
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