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Evaluation ViewAttendees 28

A Litigator’s Guide to the New and Improved Rule 702

Monday, February 19, 2024
7:30 AM – 8:30 AM US EST
Location: Sabal 6-7
CLE: 1.0 Credit Hours
CLE/Business/General Meetings
In December 2023, the defense bar secured a major victory with an amendment to Federal Rule of Evidence 702, an amendment triggered by the Advisory Committee’s determination that many courts had been failing to properly apply the rule to exclude unreliable expert testimony. Our panel will provide practice tips on how to most effectively employ the new rule, citing not only on the new language but on the Advisory Committee note and extensive commentary by the Committee criticizing some of the plaintiff bar’s favorite Daubert opinions. We also will discuss the status of multiple efforts to export the new federal rule to the States and how you can help. And we will provide the in-house counsel perspective on the importance of the amended rule to companies whose business depends on the proper understanding and application of sound science.

Learning Objectives:

  • The rule governing admissibility of expert evidence in federal courts has been amended to require more rigorous judicial scrutiny. Practitioners need to adjust their briefing practices and their preparation of and examination of expert to take full advantage of the new rule.
  • The amendments reverse decades of Daubert case law that improperly applied a more liberal admissibility standard. Practitioners must be careful in citing older authority and diligent is informing the courts when opposing counsel is relying on bad law.
  • More work needs to be done to educate courts on the new rule and export the amended federal rule to the states. We all need to stay diligent and focused.