In December 2023, back when the ink was still drying on the amendments to Federal Rule of Evidence 702, the Southern District of New York excluded all five general causation experts proffered by plaintiffs in the In re...more
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
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
In explaining the December 2023 amendments to Federal Rule of Evidence 702, the Advisory Committee called out several ways in which “many courts” had “incorrectly” applied Rule 702 and failed to adequately discharge their...more
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
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
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
Effective December 1, 2023, Federal Rule of Evidence 702 has been amended to address the standard for admission of expert opinion testimony. The amendments confirm that the trial judge, in its gatekeeping role, must determine...more
The Committee Notes to the newly implemented amendments to Federal Rule of Evidence 702 make clear that the “[j]udicial gatekeeping” of expert evidence is “essential.” Federal courts in New York have played an important role...more
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
Experts play a key role in patent litigation as they explain complex technical issues including infringement, validity, and damages to judges and juries. The persuasiveness of their testimony can often mean the difference...more
Fun fact: There are 23 holidays that can be celebrated today, December 1st. Some, like Rosa Parks Day and World AIDS Day, are solemn and serious. Others are silly and fun, like National Peppermint Bark Day and National...more
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
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
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
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
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
On April 24, Chief Justice Roberts forwarded to Congress amendments to Federal Rule of Evidence 702 governing the admission of expert testimony in the federal courts. The amendments will take effect on December 1 unless...more
Loss of productivity damages are commonly estimated using a “measured mile” analysis, which compares unimpacted construction work to work which has been disrupted to determine the cost impact of the disruption. Such analyses...more
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
A central tenet of toxicology is that “the dose makes the poison.” Every chemical is toxic if enough of it is consumed, and every chemical has some dose – even if miniscule – at which it poses no significant risk. A chemical...more
On opening an opinion, lawyers habitually roll their eyes when they see a table of contents. Even more so when they learn the opinion is over 300 pages. The MDL order granting defense motions to exclude experts and for...more
U.S. District Court for the Middle District of North Carolina, August 11, 2022 The late Robie Walls brought this asbestos action in early 2020 after a mesothelioma diagnosis. He alleged asbestos exposure from his service...more
United States District Court for the Northern District of California, July 11, 2022 Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he...more