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Causation › Federal Rules of Civil Procedure › Expert Witness

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

Faegre Drinker Biddle & Reath LLP

Failure to Fully Disclose Expert Opinions Results in Summary Judgment

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Federal Rule of Civil Procedure 26(a)(2) requires retained expert witnesses to provide an expert report which gives “a complete statement of all opinions the witness will express and the basis and reasons for them.” Fed. R....more

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