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Causation › Discovery › Federal Rules of Civil Procedure

Faegre Drinker Biddle & Reath LLP

To Depose or Not to Depose: When Challenging Opposing Nonretained Experts Becomes Challenging

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Federal Rule of Civil Procedure 26(a)(2) requires parties to disclose the opinions of experts who may present evidence at trial. If the disclosures are inadequate, Rule 37(c) requires exclusion of the opinions “unless the...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

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Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

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