News & Analysis as of

Expert Testimony Daubert Ruling

Faegre Drinker Biddle & Reath LLP

Old Habits Die Hard: First Circuit Cites Newly Amended Language of FRE 702 But Follows Abrogated Precedent Instead

The longer and more frequently a principle is repeated by the courts, the more difficult it can be for courts to acknowledge change. As illustrated by the First Circuit’s opinion in Rodriguez v. Hospital San Cristobal, Inc.,...more

Adams and Reese LLP

Clarifying the District Court’s “Gatekeeping” Responsibility

Adams and Reese LLP on

Recent Amendments to the Rules Governing Admissibility of Expert Testimony in Federal Rule of Evidence 702 - In litigation, everything ultimately boils down to proof; that is, how the parties prove their claims and defenses....more

Harris Beach PLLC

Unanimous Approval Received for Amendments to Federal Rule of Evidence 702: Testimony of Expert Witnesses

Harris Beach PLLC on

The Committee on Rules of Practice and Procedure unanimously approved several amendments on June 7, 2022, to clarify Federal Rule of Evidence 702—the federal standard for admissibility of expert testimony. See Daubert v....more

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on

Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

Saul Ewing LLP

Florida Supreme Court Reaffirms Frye Admissibility Standard for Expert Opinions

Saul Ewing LLP on

On October 15, 2018, the Florida Supreme Court, in a 4-3 decision, settled the long running debate about the appropriate admissibility standard for expert opinions in Florida state courts. ...more

McDermott Will & Emery

The Use of Expert Opinions in ‘Reverse-Payment’ Settlement Cases Under Actavis - King Drug Company of Florence, Inc., et al. v....

McDermott Will & Emery on

Applying its previous rulings in related litigation and interpreting FTC v. Actavis, 570 U.S. 756 (2013), the U.S. District Court for the Eastern District of Pennsylvania was tasked with determining whether to preclude expert...more

Mintz - Intellectual Property Viewpoints

In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

Cranfill Sumner LLP

NC Court of Appeals’ first Daubert decision in a civil case: expert allowed to testify as to cause of fatal accident

Cranfill Sumner LLP on

As I previously posted, in 2011 North Carolina became a Daubert state which raised the bar for the admissibility of expert testimony in NC state courts.  In April of 2015, the NC Court of Appeals issued its first decision...more

Carlton Fields

Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

Carlton Fields on

The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more

Dechert LLP

Cables Sliced on Class Action in Comcast Corp. v. Behrend

Dechert LLP on

Key Points - - Comcast Corp. v. Behrend clarifies that the Court's 2011 decision in Wal-Mart v. Dukes, which requires an inquiry into the merits to the extent necessary to resolve Rule 23 issues, extends to antitrust...more

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