In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...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
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
The Committee on Rules of Practice and Procedure unanimously approved several amendments on June 7, 2022, to clarify Federal Rule of Evidence 702—the federal standard for admissibility of expert testimony. See Daubert v....more
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more
On October 15, 2018, the Florida Supreme Court, in a 4-3 decision, settled the long running debate about the appropriate admissibility standard for expert opinions in Florida state courts. ...more
Applying its previous rulings in related litigation and interpreting FTC v. Actavis, 570 U.S. 756 (2013), the U.S. District Court for the Eastern District of Pennsylvania was tasked with determining whether to preclude expert...more
On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more
As I previously posted, in 2011 North Carolina became a Daubert state which raised the bar for the admissibility of expert testimony in NC state courts. In April of 2015, the NC Court of Appeals issued its first decision...more
The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more