Topic
Expert Testimony
566 published works
Drug & Device Law
D.Mass. Limits Plaintiff Experts in False Claims Act Case
We are on a DRI panel this September in Nashville discussing challenges to expert testimony, so we are especially vigilant when it comes to new cases on this subject. The…
California Construction Law Blog
Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon
By Garret Murai
It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in…
Drug & Device Law
Alternative Designs in Kansas Must be Feasible and Adequate and Effective – Oh My
Perhaps not as menacing as Lions and Tigers and Bears (Oh my) – but feasible, adequate, and effective proved to be too much for plaintiff in Davis v. Johnson &…
Product Perspective: Complex Tort & Product Law
Judges, Be the Gatekeepers 702 Needs you to Be
The Advisory Committee on Civil Rules of Federal Judicial Conference recently approved several amendments to Fed. R. Evid. 702 intended to quash lackadaisical and flaccid Daubert gatekeeping. Below is the…
Commercial Litigation Update
One Step Closer to a Revised Standard for the Admissibility of Expert Testimony Under Rule 702
By Jeffrey P. Mongiello, Zachary S. Taylor
The Judicial Conference of the United States’ Committee on Rules of Practice and Procedure seems poised to advance proposed amendments to Federal Rule of Evidence 702, after the Advisory Committee…
Drug & Device Law
Never Say Daubert Again: Amendments to Fed. R. Evid. 702 Unanimously Approved
On this gorgeous late-spring Philadelphia day, we are excited about a couple of things. The Drug and Device Law Dowager Countess is home, after an improbable recovery from a horrific…
Minding Your Business
Changes to Rule 702 Cement Judge’s Role as Gatekeeper for Expert Testimony
A proposed amendment to Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, could clarify the evidentiary burden on proponents of expert testimony and…
Health Law Prof Blog
Admissibility and Constitutional Issues of the Concealed Information Test in American Courts: An Update
John B. Meixner Jr. (Northwestern University), Admissibility and Constitutional Issues of the Concealed Information Test in American Courts: An Update, Detecting Concealed Information and Deception: Recent Updates (J. Peter Rosenfeld…
Expert Institute Insights
Amendments to Rule 702 Signal Change for Expert Testimony Admissibility
Rule 702 is now slated to undergo another significant amendment. The change will reemphasize the governing standard of admissibility as well as the importance of reliability in the expert’s opinion.…
Tort Talk
Corrected Link for the Merrifield v. Bonacuse (Fair Scope of Expert Testimony) Case
The link for yesterday's Tort Talk post on the case of Merrifield v. Bonacuse, No. 16-CV-3420 (C.P. Lacka. Co. Dec. 8, 2021 Nealon, J.) did not work. Sorry about that.In that…