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Excluding Unreliable Expert Testimony: Impact of Amended FRE 702 in Renewing the Court’s Gatekeeping Function

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will address how federal courts are interpreting and applying amended Federal Rule of Evidence 702, review instructive cases from the trial and appellate courts, and suggest a practitioner's tool kit for navigating FRE 702 when offering or challenging experts. The panel will also discuss possible trends and specific language in orders entered since courts began applying the revised rule.

Description

Effective Dec. 1, 2023, amendments to FRE Rule 702 clarified (1) that the proponents of expert testimony must establish its admissibility by a preponderance of the evidence; and (2) that in assessing the reliability of those opinions, courts should evaluate whether the conclusions are supported by the methodologies used. But courts began applying the new standard before the official effective date, so there are now a significant number of rulings under the revised rule.

The amended rule has made evidentiary hearings even more important, and defendants have been diligent in seeking reconsideration of prior rulings under the former rule. By comparing the language used by courts when applying FRE 702 before and after the changes, litigators can know how to adjust their strategies.

Listen as this experienced panel offers insight into how courts are applying amended FRE 702 and practical strategies and tools for carefully evaluating the testimony of their own experts and those offered by opposing counsel.

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Outline

  1. Overview of amendment
  2. Trial and appellate Relevant judicial decisions to date
  3. Practitioner's tool kit

Benefits

The panel will review these and other key issues:

  • How should litigators adjust their strategy in light of the amendments and current trends?
  • How does reliance on pre-amendment opinions affect the trial court's approach?
  • Are the amendments neutral or do they favor those offering or opposing expert testimony?

Faculty

Blake, Ryan
Ryan K. Blake

Associate
Reed Smith

Mr. Blake's practice involves a wide range of commercial litigation matters, including complex pharmaceutical and...  |  Read More

Castile, Christian
Christian W. Castile

Attorney
Reed Smith

Mr. Castile is a trial attorney in Reed Smith’s Philadelphia office. His practice involves a wide range of...  |  Read More

Lasker, Eric
Eric G. Lasker

Partner
Hollingsworth

Mr. Lasker is prized by clients and colleagues for his ability to quickly get to the heart of complex legal matters. He...  |  Read More

Shimada, Elyse
Elyse A. Shimada

Partner
Hollingsworth

Ms. Shimada has considerable experience in corporate defense and has helped prepare numerous corporate representatives...  |  Read More

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