Quentin Brogdon is a personal injury trial lawyer in Dallas, Texas. Courtesy Photo New Rule 702 Raises Hurdles for Experts in Federal Court
"An amendment to Federal Rule of Evidence 702 no doubt will raise the hurdles to be cleared by experts in the eyes of some federal judges, but the Committee Note accompanying the amendment should provide some comfort to the proponents of expert testimony," according to Quentin Brogdon of Crain Brogdon.
March 15, 2024 at 10:00 AM
7 minute read
Almost all cases now have expert witnesses, raising their hands and swearing to tell their versions of the truth. Experts are the most dangerous witnesses at trial because they have the unique power to opine about the outcome-determinative ultimate issues decided by jurors. In the wake of the U.S. Supreme Court's opinion in Daubert v. Merrell Dow Pharmaceuticals in 1993, the trial attorney's first line of defense in federal court against experts who ski out beyond the tips of their skis has been filing a motion to strike the expert. Rule 702 of the Federal Rules of Evidence figures prominently in hearings on such motions. Effective Dec. 1, 2023, an important new amendment to Federal Rule 702 may make it easier for trial lawyers to get experts struck in federal court.
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