Topic
Expert Testimony
566 published works
Drug & Device Law
Introducing the New Reference Manual for Scientific Evidence
By Bexis
Since it was published in 2011, the third edition of the Federal Judicial Center’s Reference Manual for Scientific Evidence has been the go-to guide for federal judges seeking to sort…
Colorado Construction Litigation
When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron
In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony…
Missouri Lawyers Media
Torts-Medical Malpractice-Disclosure of Expert Testimony
Plaintiff appealed the grant of summary judgment in favor of defendants in her medical malpractice action, arguing that the trial court erred in finding that plaintiff had failed to timely…
Product Perspective: Complex Tort & Product Law
The Ninth Circuit’s Latest Word on Expert Testimony: A Cautionary Tale for Expert Witnesses in Toxic Tort Litigation
By Hilda Akopyan, Jen Dlugosz, Erik Hansell, Alyssa Goehring
In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer.The case,…
Drug & Device Law
Letting Florida Sun Shine on Letters of Protection
We call a treating physician who testifies to more than just their treatment a hybrid expert. But doctors who both treat and testify can sometimes be less “Doctor Do No…
Faeger Drinker on Products
ChatGPT As Your New Testifying Expert Under Proposed Federal Rule of Evidence 707? Maybe Not.
Artificial intelligence is taking the world by storm, and the legal community is no exception. Tools that can reduce the time and cost of litigation have long been in high…
Tortini
AAAS Conference on Scientific Evidence and the Courts
Back in September 2023, the American Association for the Advancement of Science (AAAS), with its Center for Scientific Responsibility and Justice, sponsored a two day meeting on Scientific Evidence and…
Drug & Device Law
At the Intersection of Preemption and Rule 702
By Bexis
While updating the preemption chapter of his drug and device product liability treatise, Bexis came across a proposition he had not thought about in a long time. In two opinions…
Drug & Device Law
Sixth Circuit Confirms That Rule 702 Is Too Steep A Hill To Climb For Materials Science Expert
By Lisa Baird
This post is from the non-Butler Snow side of the blog. In Hill v. Medical Device Business Services, Inc., No. 24-5797, 2025 U.S. App. LEXIS 17835, 2025 WL 1950300 (6th…
Drug & Device Law
Proponents Of Expert Opinion Testimony Bear The Burden To Establish Admissibility, Right?
This is from the non-Butler Snow side of the Blog. Readers of the Blog know that we believe in strictly applying the requirements of Federal Rules of Evidence 702 and…