News & Analysis as of

Amended Rule 702

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

Holland & Knight LLP

Department of Labor Releases New ERISA Fiduciary Rule

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security...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

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

Proskauer - Minding Your Business

Amendments to Federal Rule 702, Now in Effect

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

ArentFox Schiff

From Bystander to Referee: The More Robust Role of Judges Under Amended Federal Rule of Evidence 702

ArentFox Schiff on

Product liability cases often involve complex, multidisciplinary subjects where expert opinion testimony is necessary to explain scientific, technological, or other specialized issues to the jury. Until recently, however, the...more

Nutter McClennen & Fish LLP

Cracking Down on Junk Science: Judicial Conference Committee Approves Amendments to Federal Rule 702

The Judicial Conference Committee on Rules of Practice and Procedure recently voted unanimously to approve two proposed amendments to Federal Rule of Evidence 702, “Testimony by Expert Witnesses.”  Rule 702 governs the...more

Faegre Drinker Biddle & Reath LLP

The Rule 702 Toolbox: Proposed Amendments Seek to Reset the Application of FRE 702

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

Faegre Drinker Biddle & Reath LLP

Let Me Google That for You: A Recent Central District of Illinois Opinion Highlights the Limits of Googling by Expert Witnesses...

While we all rely on Google or other internet search engines to find and absorb information quickly these days, a recent decision in the Central District of Illinois highlights the problems for expert witnesses relying on...more

Faegre Drinker Biddle & Reath LLP

The Rule 702 Toolbox: Cherry-Picking Is a Recipe for Exclusion

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

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 7th - 8th, New York, NY

The premier event for drug and medical device product liability lawyers to gain essential winning litigation strategies. ACI’s 26th Annual Flagship Conference on Drug and Medical Device Litigation is returning to New York...more

Faegre Drinker Biddle & Reath LLP

The Daubert Toolbox: Revisiting and Appreciating Joiner, the Middle Child

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

Womble Bond Dickinson

Ten Years Later: NC Catches Up With Rule 702, Adopts Daubert and Bids Adieu to Howerton

Womble Bond Dickinson on

In January, the North Carolina Court of Appeals decided State v. McGrady, in which it finally addressed the impact of the 2011 amendments to Rule 702. McGrady confirmed what many practitioners have believed for two and a...more

Cozen O'Connor

Arizona Adopts Federal Daubert Standard for Admissibility of Expert Testimony

Cozen O'Connor on

Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial...more

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