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Expert Testimony Federal Rules of Evidence

Rumberger | Kirk

No Sea Changes to See Here in 2023 Amendment to Rule 702

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New Amendment Reiterates and Reinforces the Existing Standard for Admissibility of Expert Testimony - On December 1, 2023, the United States Supreme Court adopted the Rules Committee’s proposed Amendment to the Federal...more

Farella Braun + Martel LLP

What Have We Learned From the First Six Months Under the New Federal Rule of Evidence 702?

As patent practitioners know, Daubert motions can be some of the most hotly contested and pivotal motions in the life of a patent case. These motions are used to exclude testimony from an opponent's expert witness, usually on...more

Benesch

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and...

Benesch on

It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023....more

Faegre Drinker Biddle & Reath LLP

Peer Review Can’t Save “Junk Science” from FRE 702 Judicial Gatekeeping – In re: Roundup Court Excludes Expert Whose Opinions Had...

When tasked with assessing the admissibility of expert testimony under Federal Rule of Evidence 702, courts often cite the so-called Daubert factors as criteria that guide the inquiry. Among those factors is “whether the...more

Arnall Golden Gregory LLP

"If You Most Know, You Know”: Expert Testimony That “Most” Drug Couriers Know They’re Carrying Drugs Allowed to...

If you know, you know. The government’s less familiar version — if most know, the defendant knows — just got a boost from the Supreme Court of the United States, which recently held that Federal Rule of Evidence 704(b) did...more

Miller Canfield

Junk Science or Relevant Evidence: Supreme Court Says Experts May Now Aid in Determining Criminal Intent

Miller Canfield on

In criminal cases, oftentimes the most significant element in dispute is whether the defendant harbored the intent to “knowingly” or “willfully” violate the criminal law at issue.  If the defendant denies that he knew what he...more

Benesch

U.S. Supreme Court Allows Prosecutors a Game-Changing Weapon: Broad Expert Testimony on Criminal Intent

Benesch on

Federal Rule of Evidence 704(b) provides that experts in criminal cases cannot state an opinion about the defendant’s mens rea. That is, the expert must not state an opinion about “whether the defendant did or did not have a...more

Epstein Becker & Green

Not the Day We Are Waiting For - SCOTUS Today

Epstein Becker & Green on

With a significant mass of cases left to decide and only a few weeks to issue the opinions, the U.S. Supreme Court has reduced the backlog by four yesterday. None of them, however, resolves the future of Chevron deference or...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Diaz v. United States

On June 20, 2024, the U.S. Supreme Court decided Diaz v. United States, No. 23-14, holding an expert’s opinion that “most people” in the defendant’s situation have a particular mental state is not an inadmissible opinion...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

McGuireWoods LLP

Important Changes to Rule 702 and Expert Testimony

McGuireWoods LLP on

The federal rule of evidence governing expert testimony — Rule 702 — just saw its most significant change in almost 25 years. The new Rule 702, which went into effect Dec. 1, 2023, gives litigants important new tools for...more

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

Harris Beach PLLC on

Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Carlton Fields

Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony

Carlton Fields on

On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the...more

Frantz Ward LLP

Just What I Wanted for the Holidays: Changes to the Federal Rules of Evidence

Frantz Ward LLP on

There is an adage that lawyers learn the version of the rules of evidence and procedure that are current when they are in law school and then do not look at them again. While that is (hopefully) an exaggeration, it is always...more

DRI

How to Find an Expert Witness

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An expert witness has the potential to make or break a case. An expert witness is a witness who possesses knowledge or experience of a specific field or discipline beyond that to be expected of a layperson. This allows them...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

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

Adler Pollock & Sheehan P.C.

Return of the Gatekeepers: Amendments to Rule 702 Clarify the Standard of Admissibility for Expert Witness Testimony

Rule 702 of the Federal Rules of Evidence governs expert witness testimony in federal courts. On April 24, 2023, the United States Supreme Court approved an amendment to Rule 702 (the “Amendment”), which will go into effect...more

IMS Legal Strategies

Working with Experts Under the New 702 Rule

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

Epstein Becker & Green

What Does the Upcoming Amendment to Federal Rule of Evidence 702 Mean for the Admission of Expert Testimony?

Epstein Becker & Green on

On December 1, 2023, Federal Rule of Evidence (“FRE”) 702 will be amended, following the Supreme Court’s adoption of the amendment earlier this year. FRE 702 governs the admission of expert testimony in the federal courts,...more

Perkins Coie

Updated Language to Federal Rule of Evidence 702: What Litigators Should Know

Perkins Coie on

Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as...more

Faegre Drinker Biddle & Reath LLP

Courts Are Citing the Rule 702 Amendments – And Litigants Should, Too

Though the pending amendments to Federal Rule of Evidence 702 have not taken effect officially yet, courts already have begun to cite them. Early signs indicate the potential that, consistent with the comments by the Advisory...more

Womble Bond Dickinson

Rule 702 Amendments Move Closer to Final Approval, But You (and the Courts) Should Rely on Them Now

Womble Bond Dickinson on

Over the past several years, we’ve been tracking discussions and proposed amendments to Federal Rule of Evidence 702. On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure unanimously approved...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

IMS Legal Strategies

Working with Experts after Proposed 702 Rule Changes

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

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