Rule 702 Amendments Will Likely Lower Courts’ Tolerance of “Shaky” Expert Witness Testimony
The long-awaited amendments to Federal Rule of Evidence 702 took effect across federal courts on December 1, 2023. Companies and individuals whose trial and settlement outcomes come down to expert witness testimony should pay close attention to the growing body of caselaw defining the import of these amendments. Rule 702 provides a key tool for litigants to keep “junk science” out of trial, and imposes on courts an important “gatekeeping” responsibility to exclude any expert opinions that lack sufficiently reliable methodologies. Although “[n]othing in the amendment[s] imposes any new, specific procedures” to the rule, the Advisory Committee’s comments strengthen the […]