News & Analysis as of

Federal Rules of Evidence Expert Testimony Daubert Standards

Rumberger | Kirk

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

Rumberger | Kirk on

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

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

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

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

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

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

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

Proskauer - Minding Your Business

Changes to Rules Governing Expert Testimony Imminent

Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence...more

Goldberg Segalla

Plaintiff’s Expert precluded from offering testimony on whether Supplier can be Considered a Manufacturer

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, July 20, 2022 - In this asbestos action, decedent Callen Cortez was diagnosed with mesothelioma following occupational and take-home exposure to...more

Smith Gambrell Russell

Georgia General Assembly Passes HB 478: Establishes Daubert Evidentiary Standard in Georgia Criminal Cases

Smith Gambrell Russell on

On Wednesday, March 30, 2022, the Georgia General Assembly passed HB 478 to extend the Daubert evidentiary standard for expert testimony in Georgia criminal prosecutions. The move to adopt Daubert for criminal matters was...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Amended FRE 702 Confirms Court as Gatekeeper of Expert Testimony

New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702 will promote uniformity in application of the Rule...more

Butler Weihmuller Katz Craig LLP

Doctors, Scientists, & Engineers - Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more

Freeman Law

Expert Witnesses and the Daubert Standard

Freeman Law on

Expert testimony is often critical to establish a claim or defense. Expert testimony is allowed where scientific, technical, or other specialized knowledge will assist the judge or jury to understand the evidence in a case...more

Butler Snow LLP

Solving the Problem of Daubert’s “Shaky but Admissible Evidence”: An Amendment to Federal Rule of Evidence 702 May Be Forthcoming

Butler Snow LLP on

In the face of extraordinary challenges, 2020 has yielded profound developments within the scientific community: from the accelerated development and approval of highly effective and safe vaccines normally years in the making...more

White and Williams LLP

Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony

White and Williams LLP on

Many subrogation claims involving fire losses rely heavily on expert testimony. Expert testimony is admissible under Federal Rule of Evidence 702 if it is both relevant and reliable. In Daubert v. Merrell Dow Pharmaceuticals,...more

Womble Bond Dickinson

Science Should Lead the Law: Amending FRE 702 to Let Science Guide Legal Outcomes

Womble Bond Dickinson on

The Advisory Committee on Evidence Rules will continue this fall its ongoing discussions on amendments to Federal Rule of Evidence (FRE) 702. The two possible amendments being considered for FRE 702 include...more

Proskauer - Minding Your Business

No Amendment to Federal Rule of Evidence 702, At Least For Now

Federal Rule of Evidence 702, which governs the admissibility of expert testimony, was most recently amended in 2000 in response to Daubert and its progeny. In response to concerns about misapplication, the Advisory Committee...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 3

In 2013, spurred by the decisions in Marsh and Hood, the Florida Legislature amended F.S. 90.702 to mirror Federal Rule of Evidence 702. In a preamble to the final bill, the Legislature expressed its intent to (1) adopt the...more

Faegre Drinker Biddle & Reath LLP

Growing Pains: The Story Behind Florida’s Daubert Arc – Part 1

The steady but sometimes slow adoption by the states of the Daubert standard for expert admissibility, and the accompanying recession of the Frye standard, is something of a coming of age for the national jurisprudence. Frye...more

Miles & Stockbridge P.C.

Maryland Continues “Drift” Toward Daubert

Is Maryland drifting toward Daubert? The Court of Special Appeals of Maryland seemed to confirm (or re-confirm) this as recently as in Sissoko v. State. ...more

Proskauer - Minding Your Business

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

Akin Gump Strauss Hauer & Feld LLP

District of Columbia Court of Appeals Adopts FRE 702 as the Legal Standard for the Admissibility of Expert Testimony

Key Points - - The District of Columbia Court of Appeals has adopted Federal Rule of Evidence 702 as the legal standard for determining the admissibility of expert testimony in the District of Columbia in all cases,...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide