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Expert Evidence Reform - Will it Happen?
LCJ Insight: Amending FRE 702 is the Key to Reforming Expert Admissibility Standards
Federal courts across the country misunderstand the “gatekeeping” responsibility required by Federal Rule of Evidence 702 for screening the reliability of expert opinion testimony. Far too often, courts in every federal circuit have allowed juries to hear opinion testimony without properly analyzing the factual basis of those opinions or the reliability of the expert’s methodology.
Now the Advisory Committee on Evidence Rules is considering whether to remedy this problem by amending FRE 702 to clarify that 702’s admissibility standards require the application of FRE 104(a)’s preponderance test. Is such an amendment likely? If so, how would it affect the way you handle expert admissibility issues?
Join LCJ for a lively discussion including timely updates and practical analysis from leading Rule 702 experts, including:
Abigail “Abby” Dodd, Shell Oil Company, Houston, TX
William Dodero, Bayer, Global Head of Litigation, Whippany, NJ
Thomas Sheehan, Phillips Lytle LLP, Buffalo, NY
Lee Mickus, Evans Fears & Schuttert LLP, Denver, CO